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(영문) 대구지방법원 2019.08.27 2019고단381
철도안전법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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 means of violence or intimidation.

Nevertheless, at around 11:35 on December 26, 2018, the Defendant avoided disturbance by, without any particular reason, taking a bath to, and raising an unspecified person in the waiting room in the Dong-gu Daegu Metropolitan City, Daegu-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, without any specific reason. As such, the Defendant was able to control the Defendant, and the Korean Railroad Police Assistant C, who was called up after receiving the report, called “Is the Korean Railroad Police Officer who was issued a cspick and abspick,” and the Defendant was able to take one time the left part of the above C.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation (a CCTV verification at a place of crime);

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. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Probation Criminal Act / Although the defendant alleged that he was in a state of mental disability at the time of committing the instant crime, considering the background of the instant crime, the means and method of committing the instant crime, and the various circumstances after committing the instant crime, it does not seem that the defendant was in a state of lacking the ability to discern things or make decisions at the time of committing the instant crime. The defense counsel’s assertion without merit is without merit), following the reason for sentencing, and other records, such as the defendant’s age, occupation, character and behavior, environment, motive, means and consequence of the instant crime, circumstances after committing the instant crime, etc., and the various conditions of sentencing specified

D. Unfavorable circumstances: A crime that interferes with the duties of railroad workers on duty by the defendant shall not be less severe in light of the circumstances and contents of the crime.

The damage recovery was not made.

The favorable circumstances: the defendant shall be given the last ten years.

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