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(영문) 대전지방법원 2016.04.27 2015고단4121
철도안전법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 17, 2013, the Defendant was sentenced to two years and six months of imprisonment for the attempted robbery by the Daejeon High Court, and was sentenced on January 7, 2014 to six months for interference with the execution of official duties in the Cheongju District Court’s Assistance, etc., and completed the execution of the sentence on November 20, 2015.

1. The Defendant: (a) was in the waiting room with the third floor of the discharge from active service located in Daejeon-dong, Daejeon-gu, Daejeon-gu, on December 4, 2015; and (b) the Defendant was in the waiting room with the third floor of the discharge from active service.

50 여 명의 이용객들 중 누군가에게 “ 씹할 년 아 뭘 쳐다봐, 개 같은 년 아! ”라고 소리 지르는 것을 옆에 있던 피해자 C(26 세) 가 쳐다보았다는 이유로 피해자에게 “ 씹할 놈 아 뭘 봐, 개새끼야! 너 죽여 버려! ”라고 큰소리로 욕설을 하여 공연히 피해자를 모욕하였다.

2. The Defendant violated the Railroad Safety Act, upon receiving a report that there was an act of disturbance at the same time and place as Paragraph 1, 34, expressed the desire to the police officers E of the Special Judicial Police Team affiliated with D (34 ) of the said Special Judicial Police Team, spits the face of the said E, caps, and spits the spits of the said E, being arrested as a current offender, and then arrested the said D as a current offender, and assaulted the said E by taking the left side of the said E on one occasion from the elevator of the said large spits.

Accordingly, the defendant interfered with legitimate execution of duties concerning railroad workers' public security duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Each photograph;

1. Previous convictions in judgment: Inquiry into criminal records and investigation records, and application of Acts and subordinate statutes of a report on investigation (referring to filing of criminal records of the same kind of crime);

1. Relevant legal provisions concerning facts constituting an offense, Article 311 of the Criminal Act that is the choice of punishment, Articles 78(1) and 49(2) of the Railroad Safety Act (a point where the performance of duties by railroad workers interferes with the performance of duties), and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The Defendant and the defense counsel’s assertion on Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes.

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