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(영문) 대전지방법원 2019.11.26 2019고단2120
모욕등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 22:40 on March 18, 2019, the Defendant: (a) 23:30, when the Defendant was on a hand-in Busan STRB train, and was seated in a simplified seat installed in the third path, and (b) was asked by the victim C (35 years of age) who is the crew of the train to confirm the boarding pass; (c) during the past, when the victim refused it and demanded settlement; (d) the victim asked the victim to see the fact that the passenger was exposed to a free will; and (e) the victim’s refusal and demand for settlement; and (e) other influent passengers who were in the vicinity of the train were fluenciesed, the victim publicly insultingd the victim by openly speaking, “Isk-in, flus, flus, and flus.”

2. No person who violates the Railroad Safety Act shall interfere with the performance of duties of railroad workers by assaulting or threatening them;

Nevertheless, the Defendant, at the date, time, and place mentioned in the above Paragraph 1, arrived at the discharge of the train, and thereby interfered with C’s legitimate execution of duties, who is railroad workers, by making two times the left shoulder part of the above Section C on the hand of the passenger, with the background as described in the above Paragraph 1, in order to guide passengers getting on and get off the train, and to confirm their boarding and getting off the train.

Summary of Evidence

1. Court statement (the second public trial; the second public trial) of the defendant;

1. A complaint (C, victim-victim's photo, non-issuance receipt for non-voting added money, and non-rupture transfer note);

1. Application of the Acts and subordinate statutes on train crew D currency cases;

1. The relevant legal provisions of criminal facts and the choice of punishment under Article 311 of the Criminal Act, Articles 78(1) and 49(2) of the Railroad Safety Act, which provide assault while taking a bath to railroad workers without emphasizing the period of repeated offense for the reason for imposing each fine, are heavier than the nature of the crime.

One of the crimes committed during the period of repeated crime, it is against the other.

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