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(영문) 서울북부지방법원 2020.03.12 2019고단3263
철도안전법위반
Text

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 became final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, at around 16:20 on May 6, 2019, the Defendant interfered with the performance of duties of railroad workers by assault, such as under the influence of alcohol against the victim’s face two times due to the response attitude of D, a railroad worker, who had worked in the said station while under the influence of alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A report on investigation (a photograph taken by a victim) and a photograph attached thereto;

1. Application of CCTV Acts and subordinate statutes;

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. Judgment on the assertion of the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The assertion;

A. While the mother and child end part of the defendant contacted the victim's face in the process of resisting the victim's response to social work personnel, the defendant did not assault the victim as stated in the facts charged.

(b)A domestic assault;

Even in this case, the violation of the Railroad Safety Act should not be applied since it is not related to securing railroad safety because it was before the automatic ticket sales machine.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and examined by the court of this case regarding the existence of violence: (i) in this court, the victim was suffering from disturbance on the ground that the defendant was unable to work well under the influence of alcohol; and (ii) the victim was informed by the social work personnel that the victim was working as a member of the social work personnel, and the victim was able to use the next sales machine, and the victim was boomed twice the victim’s boom and divided the part before the victim’s know-how.

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