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(영문) 인천지방법원 2020.12.23 2020고단9370
철도안전법위반
Text

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

On June 10, 2020, around 20:30, the Defendant refused to wear a horse from C service personnel E (n, 45 years of age) belonging to the Korea Railroad Corporation, within the electric train of 1171 in the 1st line C, which was stopped in Seocheon-si B, Seocheon-si, Seocheon-si, 2020. On June 10, 200, the Defendant refused to wear a horse by the Defendant, who was demanded the said E to wear a horse. On the other hand, the Defendant was 5 times the head of the said E with his left hand, and 2-3 times the head of the victim’s head with his hand lowered on the platform.

At around 20:40 on the same day, the Defendant continued to leave the above C Station platform, and was under control from F (Nam, 49 years old) of C Station Service Personnel F (F) who belongs to the same C Station, and he was flicked with his hand once, and he was flicked with his arms.

Accordingly, the defendant interfered with legitimate execution of duties concerning train crew's instruction of passengers and maintenance of order in trains.

Summary of Evidence

E and F The application of each police statement of each police officer's statement to the investigation report (the confirmation case on the damaged part) Cand C to the CCTV platform, and the application of a copy of the Act and subordinate statutes on the appointment of screen personnel.

1. Article 79 (1) and Article 49 (2) of the Railroad Safety Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. In full view of the following conditions of sentencing under Article 62(1) of the Criminal Act and the Defendant’s age, character and conduct, family relationship, motive and attitude of the crime, and circumstances after the crime, the sentence shall be determined as per Disposition.

D. Unfavorable circumstances: The defendant's refusal to wear a horse in the electric train and the circumstances and patterns of assaulting the service personnel as stated in its reasoning are not good: The health condition is not good, and there is no other criminal punishment except for a fine imposed on August 1998 on the part of the defendant.

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