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(영문) 서울중앙지방법원 2015.11.06 2015고합865
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Railroad Safety Act against C shall interfere with the execution of duties of railroad workers by assaulting or threatening them;

Nevertheless, on September 12, 2015, around 11:45, the Defendant: (a) was seated at 13B seat of the guest car No. 126 train No. 8 of the KSX 126 of the KSM, and was faced with the disturbance during the process of verifying the boarding pass; (b) was asked to the D of the said train; and (c) was fluened by the Defendant, following it, sold the back head of the train 6 times.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the provision of passenger service services by railroad workers.

(A) The Defendant asserts that the back of C is merely one time only for the back of C’s hand, but the E and F, who observed the situation at the time, coincide with C, stated that the Defendant was drinking at six times or more times, and there are no circumstances to suspect the credibility of the statement, and thus, the above facts constituting the crime may be sufficiently recognized). 2. A person violating the Railroad Safety Act of G, by assault and intimidation, shall not interfere with the performance of duties of railroad workers.

Nevertheless, the Defendant was arrested as a flagrant offender at the date, time, and place mentioned in paragraph (1) for the foregoing reasons, and brought into the atmosphere of the Seoul Local Railroad Special Judicial Police Team, which was located in the Yongsan-gu Seoul Metropolitan Government as Yongsan-gu Seoul Metropolitan Government (Dong Automatic), and was assaulted by G on September 12, 2015, such as: (a) G, a special judicial police officer, who was working for the Defendant, going away from the entrance and exit of the above office and three other police officers, who were working for the Defendant; (b) was seated in the waiting seat in the above office; and (c) was fluened one time by drinking son; and (d) was fluened by G on one occasion.

Accordingly, the defendant interfered with legitimate execution of duties concerning the management of flagrant offenders in railroad facilities and crime prevention of railroad workers.

3. On September 12, 2015, the Defendant who damaged public goods is a suspect of suspect examination at the investigation division of the Seoul Regional Railroad Special Police Team around 18:25.

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