Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
While the Defendant, on April 23, 2018, was under the influence of distinguishing things or lacking decision-making capacity due to Chon's illness, on the ground that around April 16:17, 2018, the Defendant notified the Defendant that the Defendant is smoking in a non-smoking area E (28 tax) that the place of the service of the said subway station, which was dispatched to the site after receiving a report from the Defendant that the Defendant is smoking in a non-smoking area, is a gold research station, and the Defendant’s smoking is prevented. Whereever, the Defendant “this rings,” to E.
“Buckbucks to the right side of E were set up once, the shoulder was set up once, and the head of E was set up once by the rained acid he had.
As a result, the Defendant interfered with the performance of duties of E, a railroad worker who is engaged in services by assault.
Summary of Evidence
1. Statement made by the police for E;
1. E statements;
1. Each investigation report (related to confirmation of the degree of damage and change of the name of the crime, relation to the speech and behavior of a suspect or more, and video data reading);
1. CCTV CDs (According to each of the above evidence, the Defendant may fully recognize the fact that he/she assaulted E, who is a railroad employee, to interfere with the performance of his/her duties, as stated in facts constituting a
In addition, in light of the motive and circumstance of the Defendant’s assaulting E, the method and degree of the assaulting act, and the circumstances before and after the assaulting, it cannot be deemed that the above act by the Defendant constitutes a legitimate act or a legitimate defense that does not violate social norms.
Application of Statutes
1. Relevant Article 78 (1) and Article 49 (2) of the Railroad Safety Act concerning facts constituting an offense, and Articles 78 (1) and 49 of the Election Safety Act concerning the option of punishment, and the choice of imprisonment;
1. The crime of this case on the grounds of sentencing under Article 10(2) and (1) and Article 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness is committed by assaulting the Defendant, while smoking in the subway stations, which are those engaged in the railway who control the smoking in the subway stations, to shot out or to shot out, and thus obstructing the legitimate execution of duties. The case is serious and the nature of the crime is committed.