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(영문) 수원지방법원 2014.04.15 2013고합752
기차교통방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

At around 15:04 on November 7, 2013, the Defendant interfered with the traffic of the train by getting off a dog under the influence of alcohol in the area of 55.4 km between the scopic railway station and the scopic railway station in the direction of 66, 68 electric trains of No. 668, 1272, 1212, and 1158, all five trains, such as the passenger trains of No. 88-5, from operating for about 20 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of each investigation report;

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

1. The crime of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is not easy in that if the safety of the means of transport, such as the vehicle which temporarily obstructs the operation of trains by delaying the operation of trains, such as lyings on the line, may lead to a large hand, and may cause a large inconvenience to many citizens using the trains. In addition, considering the fact that the defendant was sentenced to a suspended sentence due to obstruction of performance of official duties, etc. and committed the crime of this case without being familiarly considered during the grace period, it cannot be subject to punishment corresponding to the criminal liability of the defendant.

However, the defendant seems to have committed the crime of this case with the intention to commit the remaining suicide, i.e., the situation where he was unable to properly support his parents due to economic poverty, and the time during which the operation of the train was delayed due to the crime of this case, the defendant recognized all his mistake and reflects it. Furthermore, the defendant is employed based on his recent certificate of qualification, and the defendant is employed not only by his parents but also by his universities and high schools.

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