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(영문) 서울중앙지방법원 2016.09.22 2016고단2283
철도안전법위반
Text

1. The defendant shall be punished by imprisonment for four 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.

2...

Reasons

Punishment of the crime

On March 18, 2016, at around 22:45, the Defendant committed assault, such as: (a) the subway 2-line 4, the subway 2-line 178 located in Jung-gu Seoul, Jung-gu, Seoul, and the Defendant was exposed to the act of freeboarding from subway C, which belongs to the Seoul metro, and was voluntarily accompanied to the above D; (b) the Defendant was able to gather the chair at the same time; and (c) when the face of the blue Dobro, which was 178.

Accordingly, the Defendant interfered with legitimate execution of duties concerning the maintenance of the history and order of subway stations, which are railroad workers.

Summary of Evidence

1. Each legal statement of D and E;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Nos 7 and 8);

1. Relevant Article 78 (1) and Article 49 (2) of the Railroad Safety Act concerning facts constituting an offense, and Articles 78 (1) and 49 of the Election Safety Act concerning the option of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the factors indicated in the trial process of the instant case, including the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, for the reasons of sentencing under Article 186(1) of the Criminal Procedure Act, the sentence as ordered shall be determined.

Unfavorable circumstances: The side and degree of assault, such as when the face of railroad workers is taken, is not easy.

There are several previous experiences of punishment for the same kind of violence crime.

A favorable circumstances: A person shall not be punished by imprisonment without prison labor or any heavier punishment.

It is a crime committed because it was impossible to find a proper job due to low academic background, loss cutting disability, etc., and it was committed while making it difficult to do so.

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