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(영문) 수원지방법원 2020.03.19 2019고단7021
철도안전법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

Nevertheless, at around 12:37 September 20, 2019, the Defendant: (a) received a telephone report from the second floor inside the CJ 2nd floor in Suwon-gu, Suwon-gu, the Defendant 2019, and received a demand from D (28 years of age) to drink the alcohol at the site; (b) “I am going out of the station. I am going out of the station”; (c) I am “I am going out of the station, I am am me to grow. I am, I am am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am., and am. I do am. I do am. I do am. am. I do am..

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the inspection of railroad facilities by railroad workers as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (case of confirmation of damage level), investigation report (case of confirmation of CCTV in the course of committing a crime);

1. One copy of the damaged part photograph, one copy of the victim telegraphic photo, and one copy of the CCTV image CD shall apply to the application of the statutes;

1. Article 78 (1) and Article 49 (2) of the Railroad Safety Act concerning criminal facts, the choice of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order assaults railroad workers who take alcohol in the railroad facilities used by the defendant in the general public, and that there are many criminal offenses against the defendant, etc., the punishment should be imposed as a severe punishment. However, the degree of assault is not more severe, the degree of assault is not much severe, the service personnel is not subject to the punishment of the defendant as a result of the negligence to the damaged service personnel, and the punishment of the defendant is not imposed. Other factors such as the defendant's age, character, character and environment, motive and background of the crime, circumstances after the crime, etc.

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