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(영문) 서울서부지방법원 2017.02.02 2016고단3820
철도안전법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 9, 2016, at around 00:15, the Defendant reported that the assault case occurred in the Han River of Yongsan-gu Seoul, Yongsan-gu, Seoul, 5-gil and the Yongsan subway Home of Yongsan-gu, and asked the Defendant for the circumstances during which B called up with the fighting.

A bitch fluor, fluora, fluora, fluora, fluora, fluora, fluora, and fluora.

In doing so, this knee part of the above B was knee and kneeed by having knife the chest of the above B, and continued to move to the office of the special judicial police unit for Seoul local railroads, and then knife the above B while taking a bath to the office of the special judicial police unit for Seoul local railroads.

Accordingly, the Defendant assaulted B and interfered with legitimate execution of duties concerning the maintenance of order in station facilities of railroad workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to photograph damaged photographs, CCTV image data in the course of violence;

1. Relevant Article 78 (1) and Article 49 (2) of the Railroad Safety Act concerning facts constituting an offense, and Articles 78 (1) and 49 of the Election Safety Act concerning the option of punishment, and the choice of imprisonment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is unfavorable to the defendant, in light of the following: (a) the defendant assaulted railroad workers to interfere with his/her performance of duties; (b) the nature of the crime is not weak; and (c) the defendant has been punished twice due to a crime obstructing the performance of official duties similar thereto.

However, in consideration of the fact that the defendant is against the defendant, the fact that there is no record of punishment heavier than the fine, and other various sentencing conditions as shown in the records and arguments of this case, the punishment shall be determined like the order.

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