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(영문) 서울서부지방법원 2019.02.27 2018고단4103
폭행등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 23, 2018, at around 20:45, the Defendant expressed a desire to passengers without any reason in the column No. 8-1 of the Seoul subway No. 1, the government direction of the Seoul subway No. 1, and led passengers to avoid disturbance, thereby getting the victim D (23 years old) who is the security officer of the C subway No. 23 years old.

1. At the above time and place, the Defendant violated the Railroad Safety Act interfered with the execution of duties of D, who is railroad workers, spits the shoulder of subway security guards D, face and clothes.

2. The Defendant damaged the property by leaving the entrance door of a train at the above time and at the above place, from the glass for the repair cost of the vehicle in the amount of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes of one video CD;

1. Relevant legal provisions concerning criminal facts, Articles 78 (1), 49 (2) (a point of obstructing the performance of duties by railroad workers), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 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 Probation Criminal Act [Scope of Recommendation] The basic area (such as destruction and damage, etc. of property) No. 1 [Judgment of sentence] [No person who is a special person] / [decision of sentence] the defendant seems to pose a risk of initial crime or re-offending] although the defendant appears to pose a risk of initial crime or re-offending, various circumstances, including the defendant's speech at the time of committing the crime, circumstances after committing the crime, and other circumstances, including the defendant's character, behavior and career, are considered (the sentencing criteria are not applied to the violation of the Railroad Safety Act, and only the lowest limit of the recommended sentence scope is applicable]

1. Summary of the facts charged

A. On October 23, 2018, the Defendant, at around 20:45 on October 23, 2018, walked with the victim E-on the right side of the train No. 8-1 located in the direction of the government of the subway No. 1, the Seoul subway No. 8-1.

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