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(영문) 광주지방법원 2019.02.15 2018고단3564
철도안전법위반
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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On June 23, 2018, at around 21:09, the Defendant: (a) boarded the CTRT train, under the influence of alcohol, leading to B Station; (b) avoided tobacco in the passage between the six and seven vehicles; and (c) the crew on board the train reported the said fact to D located in B Station.

On the same day, the special police officer E, who belongs to the above police team, called the B railroad platform at around 21:21 on the same day, demanded the defendant to voluntarily accompany the B railway center office located within the B railway station to confirm the occurrence of tobacco in the train, and to prepare a report on the occurrence of administrative fines against the defendant.

At around 21:28 of the same day, the Defendant, upon the above demand of E, expressed that “I amb with E, I amb from the entrance of the above office “I amb, I ambl, I ambl, I ambl, I ambl, I ambl, I ambl, I ambl.” and assaulted the Defendant’s right side of E with E one time.

Accordingly, the Defendant interfered with the legitimate execution of duties by a special railroad judicial police officer on the safe operation and maintenance of order of rolling stock.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. A written statement;

1. Application of the Acts and subordinate statutes concerning the closure photographs of the suspect smoking dong images, the CCTV-cap photograph, the CCTV-cape photograph in the office, the letter of designation as a special judicial police officer (E), the victim photograph, and the investigation report;

1. Article 78 (1) and Article 49 (2) of the Railroad Safety Act applicable to criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The reason why the sentencing has been committed has been punished several times.

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