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(영문) 서울서부지방법원 2017.12.07 2017고단2789
철도안전법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 18, 2017, at around 22:25, the Defendant violated the Railroad Safety Act: (a) asked the question of whether D, a cause of the subway service belonging to the Seoul Metropolitan Transport Corporation, had avoided a disturbance of drinking in the train for the prevention of fire in subway 5 subway lines; (b) started a suddenization; and (c) started a life tag of the said D’s shoulder on a drinking basis; (d) continuously called the said D’s shoulder by hand and hand; and (e) assaulted the subway service crew E, who continued to be called upon the request of the said D, to take a bath in response to the said E’s crogate, and scambling and pushed it with his hand.

Accordingly, the Defendant interfered with the performance of duties concerning railroad operation of railroad workers.

2. The Defendant interfered with the performance of official duties, on the same date and time as indicated in the foregoing paragraph (1), and at the same place as indicated in the foregoing paragraph (1), committed assault, such as questioning the Defendant about his personal information, taking a bath, and pushing the said G’s shoulder with his hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Application of Acts and subordinate statutes of the investigative report (the list Nos. 12 and 15 of evidence);

1. Relevant provisions of the relevant Act concerning criminal facts, Articles 78(1) and 49(2) of the Railroad Safety Act (the point of obstructing the performance of duties by railroad workers), Article 136(1) of the Criminal Act (the point of obstructing the performance of duties) and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the confessions of and reflects against the defendant, each of the duties of subway service personnel who has obstructed his or her duties, and other factors of sentencing, including the fact that there is no same criminal history, the circumstances leading up to the crimes, the age of the defendant, sexual behavior, and the environment.

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