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(영문) 광주지방법원 2018.10.17 2018고단1848
철도안전법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 20, 2017, the Defendant was sentenced to one year and three months of imprisonment by obstructing the performance of official duties at the Seoul Northern District Court, and the execution of the said sentence was terminated on March 27, 2018.

1. On May 5, 2018, the Defendant: (a) around 09:20, at the train station of “mar X-ray” 2 in the network volume at the time of leisure 09:20, the Defendant: (b) took a train for the purpose of going up to the mountain, and (c) took a train for the purpose of going up to the mountain, without any intent or ability to pay the fare; and (d) took a train for the purpose of getting up to the mountain, even if the Defendant did not purchase the train tickets for the EX-ray B of the mountain EX-ray B, which starts from the said station, as if the Defendant properly purchased the train tickets.

The Defendant was provided with railroad passenger transport services by having a person engaged in driving the train, who is in the operation of the train.

Accordingly, the Defendant, by deceiving the employees engaged in the operation of the above train, acquired property profits equivalent to 11,700 won of the above train fare from the injured Korean Railroad Corporation.

2. On May 5, 2018, at around 11:00 to 11:18, the Defendant violated the Railroad Safety Act: (a) demanded train crew D (V, 47 years old) to present this boarding pass within the vehicle No. 6 vehicles of the EXF C train in the mountain ambing-ray B (on May 5, 2018). On the other hand, the Defendant threatened her crew D (VV) with “F will flick,” and, on his hand, she flicked the KON on his hand, she flicked with the knife and pusheded with the knife.

Accordingly, the Defendant interfered with legitimate execution of duties concerning the inspection of boarding tickets and the control of free boarding cars by railroad workers.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. A photo of the damaged part;

1. Investigation report (receiving the evidence of a victim member, handing over the suspect-free vehicle, confirmation of boarding X-ray of the suspect, and setting the amount of damage caused by fraud);

1. Previous convictions: Criminal history inquiry, investigation report (prior convictions and attachment of repeated judgments) [The defendant denies the violation of the Railroad Safety Act, but the statements of the victim and witness witness are specific.

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