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(영문) 서울북부지방법원 2019.05.02 2018고단4355
철도안전법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall interfere with the performance of duties of railroad workers by violence or intimidation.

Nevertheless, at around 22:52 on September 17, 2018, the Defendant: (a) stated that “the victim D(22) of social work personnel, who was employed as a railroad staff member for disaster and safety management support, was able to take trial expenses; (b) expressed that “the victim’s chest was tightly fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent fluent flud flud flud flud flu

As a result, the defendant interfered with legitimate execution of duties concerning railroad workers' services due to violence.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement made to D by the police;

1. A report on investigation (security of CCTV at a place of crime), and the application of CCTV video-related Acts and subordinate statutes to the crimes;

1. Article 78 (1) and Article 49 (2) of the Railroad Safety Act applicable to criminal facts, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Do1448, Apr. 1, 2009) is that the Defendant was under the influence of alcohol and committed the instant crime, and the Defendant’s character and conduct, etc. are expected to have high risk of recidivism.

On the other hand, the fact that the defendant is against the defendant and that the defendant agreed with the victim is favorable to the defendant.

The above sentence is imposed in full view of all the circumstances that form the conditions for sentencing as shown in the records and arguments, including the Defendant’s age, character and conduct, occupation and environment, past punishment records, and the background of the instant crime.

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