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(영문) 서울남부지방법원 2020.02.12 2019고단6296
철도안전법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 9, 2019, the Defendant was sentenced to four months of imprisonment for the obstruction of performance of official duties at the Seoul Eastern District Court on November 12, 2019 and completed the execution of the sentence at the Seoul East Eastern District Court.

1. The Defendant violated the Railroad Safety Act, around 00:53 on November 20, 2019, assaulting a person in distress of name under the influence of alcohol on the subway 2-2 platform in Guro-gu Seoul Metropolitan Government, and on the subway 2-2 platform in Guro-gu.

In the patrol, the Seoul Traffic Corporation affiliated with the Seoul Traffic Corporation D(49 years of age), service personnel E(55 years of age) and social work personnel F(23 years of age) were subject to the control, and the complaint was raised by hand with the above D and E with the wall, and the head of the above F was sealed by hand, and the head of the above F was taken by hand, and the head of the above F was taken by hand when the head of the above F was taken by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the maintenance of railroad facilities by railroad workers.

2. The Defendant committed violence against the victims on the date, time, and place described in the preceding paragraph, when the victim G (19 years of age), the victim H (19 years of age), and the victim I (19 years of age) prevented the Defendant from committing an act of assaulting the service personnel and social work personnel as referred to in the preceding paragraph, and committed violence to the victims, such as he was able to live in the breath of the above G with breath, he was scood with scam, scood with scke, scood with the face of the above H, and scood with the hand-top with the hand-top.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Each statement of F, G, H, I, and E;

1. Investigation report (Analysis of video recording of CCTVs at the scene of occurrence and cellular phone image shooting), investigation report (Submission of a written diagnosis of injury to the victim), and investigation report (Attachment of a photograph of the uniforms worn by victim service personnel);

1. A photograph of the victim's body;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Relevant Articles 78(1) and 49(2) of the Railroad Safety Act concerning criminal facts; criminal law

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