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(영문) 부산지방법원 2018.05.18 2018고합32
기차교통방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On December 16, 2014, the Defendant was sentenced to six months of imprisonment for a violation of the Railroad Safety Act at the Seoul Central District Court on December 16, 2014, and the execution of the sentence was completed at the Seoul Detention Center on February 26, 2015.

[2] The Defendant committed the following crimes under the circumstances where the ability to discern things or make decisions is weak due to mental illness, such as a bipolartic disorder, etc.

1. On January 6, 2018, the Defendant, who interfered with the traffic of a train, was set up on a train under the platform of the Gupool Station located in Busan Northern-gu, 82, Seopo-gu, Busan, for the reason that the train is waiting to go to Busan-do, and the train does not arrive at a fixed time.

At this time, the 1355 U.S. M. M. M. 135 of the Busan Busan M. M. M. M.S. entered the old-style railway station, and discovered the Defendant traveling along the track, sounding the horn, and making it an emergency, etc., the Defendant delayed the operation of the above train for about one minute by making the train stop without turning on the track and driving it on the train.

Accordingly, the Defendant interfered with the traffic of the train in such a way as above.

2. No person who violates railroad safety laws shall interfere with the duties of railroad workers by assaulting or threatening them;

Nevertheless, at around 17:45 on January 6, 2018, the Defendant: (a) entered the train station located in Busan East-gu, Busan-do, where access to which is prohibited; (b) went to the train station; and (c) received the Defendant’s request from C, a staff member of C, who followed the Defendant, to go on the track; and (d) expressed that the stone with the stone attached to the track, which had been buried on the track, was dried up by hand, and then threatened the victim with the above stone.

Accordingly, the defendant's above intimidation is within the passenger's guidance and history of railroad workers.

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