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(영문) 전주지방법원 2020.01.07 2019고단1202
철도안전법위반등
Text

A defendant shall be punished by imprisonment for four 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

In a state where the Defendant lacks the ability to discern things or make decisions due to a yellow or bipolartic disorder, etc., the Defendant lacks the ability to discern things;

1. On February 22, 2019, the Defendant: (a) destroyed the damage of property by cutting off the amount of Samsung TV monitoring at the D Gwangju branch’s team leader E-management market value equivalent to KRW 428,000,00, at the D Gwangju branch’s large waiting room located in Kim Jong-si B, at around 08:21, 2019.

2. No person who violates the Railroad Safety Act shall interfere with the performance of duties of railroad workers by assault and threat;

Nevertheless, the Defendant, at the time and time set forth in Paragraph 1, expressed the desire to “I am bad feas,” and sold the snow of F in drinking, to F, who was aware of the developments leading up to the above Defendant’s act at the above C Station: “I am feas.,” and “I am feas., I am feas.,”

Accordingly, the Defendant interfered with the maintenance of order of railroad workers and legitimate execution of duties concerning passenger services, etc. by assault and threat.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (a CCTV search at a place of committing a crime);

1. Each statement (F, E);

1. A photograph of damaged part of the victim;

1. A written statement;

1. Application of the TV estimate statutes;

1. Relevant Articles 78 (1), 49 (2) (a point of obstructing the performance of duties by railroad workers), Article 366 of the Criminal Act, and the choice of imprisonment for a crime, respectively;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Article 62 (1) of the Criminal Act;

1. Even though the defendant had a record of being punished as a crime of assault, he/she also committed this case despite the fact that he/she had been punished as a crime of assault.

However, in light of the fact that this crime appears to have arisen from the mental illness of the defendant, and that both victims and victims have agreed smoothly, the punishment shall be determined as ordered by the order.

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