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(영문) 인천지방법원 2018.03.15 2018고단238
철도안전법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall interfere with the performance of duties of railroad workers due to violence or intimidation, but the defendant around 00:45 on April 8, 2017, on the ground that, around 200:5, the defendant was requested to move out of the history because the train operation has been completed from the Korean Railroad Corporation, Seoul Headquarters B Team C, which is a railroad worker in the vicinity of the third floor of Yongsan-gu, Yongsan-gu, Seoul, the third floor of the 55-lane, the 23-lane, as Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, to move out of the history;

Along with the phrase “I ambling and I amblish, I amblish, I amblish, and I amblish, I amblished two times by head.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E and F;

1. A report on investigation (including a case of photographing photographs on the part of damage), a photograph of CCTV image data taken in the course of committing a crime;

1. Application of Acts and subordinate statutes on personnel issuance, designation of personnel service;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The nature of assaulting service personnel and obstructing the execution of their duties is bad;

The defendant has already been guilty of several times of violence.

The favorable circumstances: the defendant recognized his mistake and reflects his mistake.

It is a contingent crime.

The punishment shall be determined as ordered in consideration of the conditions of sentencing, such as the above circumstances and the age, sex, family relationship, property status, etc. of the defendant, and the execution thereof shall be suspended.

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