A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 24, 2011, the Defendant was sentenced to two years of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory Crime, etc.), etc. in Daegu District Court and racing support, and completed the execution of the sentence in the port prison on November 8, 2012.

On September 27, 2013, at a point of 111.5 km in the direction of Ulsan-do, the Defendant obstructed the traffic of the train by making it delayed for about 20 minutes for a delayed operation of the train, such as making it possible for the train operator C to find and stop an emergency stop by driving the train at a point of 111.5 km in the direction of Ulsan-do, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (as for the on-site visit situation),-field photographs;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of repeated facts)-written judgments, application of Acts and subordinate statutes concerning personal identification and confinement status;

1. Article 186 of the Criminal Act applicable to the crimes;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The crime of this case for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “contributary circumstances”) is very serious since the crime of this case is committed in that if the defendant delayed the operation of trains on the line, thereby hindering the traffic of the train, and the safety of the means of transportation, such as the vehicle which temporarily transports many people or things, it may lead to large hand handbrus, and bring about substantial inconvenience to the majority of citizens using the train. In light of the fact that the defendant committed the crime of this case without being able to do so during the period of repeated offense, the defendant should be subject to strict punishment corresponding to the act of this case.

However, the fact that the defendant repents his mistake, is a person with a disability of class 5 with a disability in delay, the fact that the period during which the operation of trains was delayed due to the crime of this case, and the defendant's age, character and conduct, environment, and the case.