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(영문) 부산지방법원서부지원 2020.10.20 2020고단1500
철도안전법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 1, 2020, the Defendant was sentenced to a suspended sentence of two years on July 9, 202 to six months of imprisonment due to indecent act by force at the Busan District Court’s branch branch, and the above judgment became final and conclusive on July 9, 2020.

【Criminal Facts】

At around 22:40 on May 29, 2020, the Defendant: (a) failed to wear a horse from the Busan Party C platform located in Busan Party C in Busan Party B; and (b) failed to remove a horse from the victim D (the age of 37) who served as the service belonging to the Busan Party, the Defendant: (c) failed to remove subway passengers; (d) 2 times sealed the victim’s body by hand; and (d) stroke the victim’s body.

As a result, the Defendant interfered with the performance of duties by railroad workers due to violence, and at the same time, the Defendant inflicted an injury on the victim, such as salt, tension, etc. of a trend that requires approximately two weeks of medical treatment.

Summary of Evidence

1. A criminal investigation report (Attachment of a written diagnosis of injury submitted by a victim) on the written statement written by the police concerning the defendant's partial statement E in his/her court statement - The case review (whether the defendant's service personnel are recognized as a suspect's victim);

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (a), confirmation of the judgment of the defendant), one copy of the summary agreement aid meeting of the case, and one copy of the judgment of the Busan District Court Decision 2019No2568 shall be applied;

1. Articles 78(1) and 49(2) of the former Railroad Safety Act (wholly amended by Act No. 17239, Apr. 7, 2020); Article 257(1) of the Criminal Act concerning criminal facts

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

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Act on the Suspension of Execution of Article 62 (1) of the Criminal Act dealing with concurrent crimes involving selective imprisonment;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has been that the defendant assaulted the victim who is a railroad worker and interfered with the performance of his duties and inflicted an injury. The degree of the assault seems to be less and less than that of the victim, and the defendant does not object to denying part of the crime until now, and does not agree with the victim.

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