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(영문) 인천지방법원 2014.12.24.선고 2014고단6505 판결
상해,항공보안법위반,업무방해
Cases

2014 Highest 6505 Injury, violation of the Aviation Security Act, interference with business

Defendant

Kim 00 (65 - 1), self-business

Seongbuk-gu Seoul residential

Seongbuk-gu Seoul basic domicile

Prosecutor

The head of the Gu shall institute prosecutions (prosecutions) and Kim Jong-kon (Trials)

Defense Counsel

Attorneys Park Won-chul (Korean Government Office)

Imposition of Judgment

December 24, 2014

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 16, 2014, the Defendant was sentenced to six months of imprisonment for the crime of injury at the Seoul Central District Court and one year of suspended execution, and on January 24, 2014, the said judgment became final and conclusive and is still under suspended execution.

1. Violation of the Aviation Security Act;

No passenger on board shall commit violence, intimidation, deceptive act, or operate entrance, etc. that obstructs the security or operation of an aircraft.

Nevertheless, at around 00 02:0 on July 14, 2014, the Defendant started an Abane airport located in the U.S. (Korea Time) and took drinking on the aircraft located in the KE036 of the Korea International Airport in the Republic of Incheon International Airport, and took a cryp to the guest room crew and other passengers, who take charge of the safety of the passengers' guest room and services during the operation of the aircraft, and knife the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

As a result, the Defendant committed violence that obstructs the security and operation of aircraft, and inflicted injury on the victim KimO (the age of 32) such as climatic salt and tensions that require treatment for about 20 days.

2. Interference with business;

On July 14, 2014: (a) the Defendant: (b) around 20, at around 20, 350 female passengers on board, who are seated next to the seat under the influence of alcohol, and had other passengers move the seat by avoiding disturbance; and (b) the Defendant refused to demand alcohol to 100 on the guest room where the drinking service was rendered; (c) “I am this flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, and throw away it well before the death.”

Accordingly, the defendant interfered with the provision of transportation services such as victim 100 and the provision of order in guest rooms by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol against Kim 00

1. A written diagnosis of injury;

1. Previous records: Criminal records and other inquiry reports and investigation reports (Attachment to the same criminal records and written judgments, etc.);

Application of Statutes

1. Relevant Articles of criminal facts;

Article 257(1) of the Criminal Act (Inflicting of Injury), Articles 46 and 23(2) of the Aviation Security Act (in the event of safe operation of aircraft)

Section 314 (1) of the Criminal Act (a point of interference with business)

1. Competition;

Articles 40 and 50 of the Criminal Act

1. Selection of penalty;

Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

Since the Defendant, after being sentenced to the suspended sentence due to the crime of injury, has obstructed the operation of the aircraft by assaulting the office room within the aircraft during the flight period during the suspended sentence period and harming the operation of the aircraft for a long time, the nature of the relevant crime is very poor. The Defendant led to the confession and reflect of the instant crime, deposited KRW 2.1 million for the victim Kim0, and other factors, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, the circumstances after the crime, etc., shall be determined as per the order.

Judges

Judges Kim Young-young

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