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(영문) 서울서부지방법원 2018.02.12 2017고단3611
공용물건손상등
Text

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

1. On November 17, 2017, the Defendant violated the Railroad Safety Act: around 20:10, the Defendant assaulted the disturbance, such as: (a) around the subway station platform of the subway No. 3, which is located in Eunpyeong-gu Seoul Metropolitan Government, intending to bread from the subway station platform to bread off passengers, and then, (b) obstructed the Defendant, and (c) Party E, a security pipeline of the subway that belongs to the Seoul Transport Corporation, controlled the Defendant; and (d) Party E, as a first step, committed assault, such as displaying the face level by hand.

Accordingly, the defendant seems to be a railroad worker under Article 2 (10) 10 (c) and (d) of the Railroad Safety Act due to violence.

The performance of duties related to railroad safety management was hindered.

2. On November 17, 2017, the Defendant damaged public goods: (a) was arrested as a flagrant offender for committing the crimes specified in paragraph (1) at the Eunpyeong-gu Seoul Metropolitan Government Police Station G police box; (b) was waiting for a flagrant offender; and (c) was collected with the chairs, computer kids, etc. inside the said police box; and (d) caused damage to goods used by public offices by spreading a hole in the text of the protocol so that the repair cost amounting to KRW 1,135,200 in total would amount to KRW 1,135,200.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police for E;

1. A H statement;

1. An investigation report (verification, etc. of cell phone images submitted by the victim E), a criminal investigation report (G police box CCTV shots and shots, etc.), and a criminal investigation report (Submission of a written estimate of damage related to public goods);

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Article 78 (1), Article 49 (2) of the relevant Act on the Safety of Railroads and Railroad (the point of obstructing the performance of duties by railroad workers) and Article 141 (1) of the Criminal Act on criminal facts (the point of damaging public goods);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 62-2 of the Criminal Act to attend lectures (the defendant of this case)

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