(영문) 대구지방법원 2017.03.09 2016고단6207

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(영문) 대구지방법원 2017.03.09 2016고단6207

철도안전법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall interfere with the performance of duties of railroad workers due to violence or intimidation.

On October 22, 2016, at around 17:20, the Defendant: (a) while under the influence of alcohol at the entrance of the border C Station No. 1, at around 17:20, the Defendant: (b) was able to fluorize the complaints to the railroad strike; (c) was fluorily fluored; (d) took a bath to the said D; and (d) took a finger part of the chest part of the said D’s chest part by hand after being pushed down.

As a result, the Defendant interfered with the performance of duties related to the service of railroad workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E and F;

1. Application of the photographic Acts and subordinate statutes to the head of a crime;

1. Relevant provisions of the Act on Criminal Facts and Articles 78 (1) and 49 (2) of the Act on the Safety of Railroad from which punishment is selected (elective of imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant was punished once every time by a fine of 2013 due to the violation of the Railroad Safety Act, but it is not good to commit a crime by assaulting railroad workers. However, there is no record of punishment exceeding the fine, and the defendant's age (77 ), sex behavior, intelligence and environment, motive, means and result of the crime, etc., and other favorable circumstances, such as the defendant's age (77 ), sex behavior, intelligence and environment, motive, means and consequence of the crime, etc., shall be determined as the sentence as ordered, taking into account the various factors indicated in the arguments of the case, such as the circumstances after the

참조조문

-형법 제62조 제1항

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