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(영문) 수원지방법원 2020.08.20 2020고단2562
철도안전법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

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

On December 31, 2019, at around 16:15, the Defendant entered the C Station customer support room located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, for the reason that the Defendant informed the train operation time, and attempted to leave the train, “to commit suicide going into the iron,” and the Defendant was committed by assaulting the title D, which is the cause of service that spreads the train operation time, and continuing to read “to have reported to the police,.............., the Defendant reported to the police,” and the Defendant boomed the title E, which is the vice-head of the station that restrains the Defendant, into two times in drinking, and assaulted the following e of the E, namely, when he takes a bridge.

As a result, the Defendant interfered with legitimate execution of duties concerning the protection of railroad safety and maintenance of order of railroad workers.

Summary of Evidence

1. The defendant's legal statements D, and written statements E;

1. Application of investigation reports (at the stage of criminal investigation, confirmation of video images, and cases concerning the facts of crimes), investigation reports (cases concerning places of criminal investigation and places of check), investigation reports (where photographs of victim's body are taken), investigation reports (where evidence documents of railroad workers are submitted by victims), and investigation reports (where documents are submitted by railroad workers);

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

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act lies in obstructing the railroad workers by exercising violence, and the nature of the crime is not good.

However, taking into account the fact that the defendant recognized the crime of this case, the punishment as ordered shall be determined by comprehensively taking into account the degree of used violence, the age, occupation, character and conduct, environment, criminal records and circumstances before and after the crime of this case, and the various sentencing conditions as shown in the records and arguments of this case.

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