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(영문) 서울중앙지방법원 2014.08.13 2014고단3040
철도안전법위반등
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

1. On April 10, 2014, at around 20:45, the Defendant damaged the property by cutting off one set of 1 set of cryp of a coffee self-speaker, which is managed by the victim B, in both hands, around three entrances of the Cheongyang-ro, Dongdaemun-gu, Seoul, to the extent that the repair cost is 560,560 won.

2. The Defendant violated the Railroad Safety Act: (a) arrested as a flagrant offender by the police assistant C belonging to the Seoul Regional Railroad Special Judicial Police Authority, who was a railroad employee who observed the crime of destroying and damaging property at the above time and at the above place; (b) served as a flagrant offender by the police assistant C; (c) resisting this resistance, the Defendant assaulted C, such as knee C, knee C’s knee-gu knee-gu knee-kne

As a result, the Defendant interfered with the performance of duties of railroad workers by assault.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement concerning B and C;

1. Each photograph;

1. Application of the written estimate statutes;

1. Relevant Articles of the Criminal Act and Articles 366 (Destruction of and Damage to Property, Selection of Imprisonment), 78 (1), and 49 (2) of the Railroad Safety Act (in the event of violence, obstructing the performance of duties of railroad workers, and choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, such as the fact that a pond is repented and that an accident in this case occurs in kind under the influence of alcohol);

1. Social service order under Article 62-2 of the Criminal Act;

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