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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 27, 2016, around 19:55, the Defendant entered into the opening space without resorting to boarding tickets before the guidance counter of the “D Station” (No. 5 lines) located in Yeongdeungpo-gu Seoul Metropolitan Government. On the ground that E, which is the cause of the service of the Seoul Urban Railroad Corporation No. 5 Line, prevents the Defendant, the Defendant provided a large speech to E on the grounds that he would be able to prevent his right side from being the Defendant, at one time.
Accordingly, the defendant assaulted the above E and interfered with the performance of duties of railroad workers.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Application of CCTV-related Acts and subordinate statutes;
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. The reason for sentencing under Article 62-2 of the Social Service Order Act is 20 times more than that of criminal punishment, and most of them are violent crimes such as bodily injury and assault. Taking into account these circumstances, the choice of imprisonment is made, and the execution of sentence is suspended considering the fact that the degree of damage is not severe.