20 Highest 4948 Violation of the Railroad Safety Act, violence, obstruction of performance of official duties

A, 1963 Nos. 1,000

Residence

Reference domicile

Kim Jong-young (prosecutions) and Lee Jong-young (Trial)

Attorney Kim Jong-hee (Korean)

June 9, 2021

A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

1. Violation of the Railroad Safety Act;

No person shall interfere with the performance of duties of railroad workers by means of violence or intimidation.

On November 2, 2020, around 10:45, the Defendant: (a) stated that he did not recognize his transportation card to the victim B (the 29-year-old person) (the 29-year-old person) who was in front of the second floor entrance of the Yang subway Station located in Yangsan-si, Yangsan-si, 441; (b) took the victim’s head knee and knee; (c) took the victim’s right knee; (d) took the victim’s head knee; (e) took the victim’s head knee; (e) took the victim’s head knee; and (e) took the victim’s head knee; and (e) took the victim’s head knish and took it back one time at the right knish of the victim D (the 27-year-old person knished by the victim; and (e) interfered with the performance of duties of the railroad worker’s employees.

2. Violence;

(a) Violence against victims E;

The Defendant, at the time, at the same time, at a place as the above paragraph (1) above, 1 metreci with the victim E (the victim’s right 22 years old), who is a social work personnel member of the Yangsan Station where the Defendant was horsed, and went off the victim’s right arms.

(b) Violence against victim F;

The Defendant assaulted the victim F (the age of 68) of the victim F (the age of 68) who passed by the Defendant in order to take the mast subway at the same time and place as the above paragraph (1).

3. Performance of official duties.

피고인은 위 1항과 같은 일시, 장소에서 피고인의 폭행에 대한 112신고를 받고 출동한 양산경찰서 양주파출소 소속 순경 G(34세)으로부터 사건 경위에 대해 문의받자 자신이 그 전에 바닥에 떨어뜨린 플라스틱 카드를 주워 위 카드로 G의 인중 부위를 1회 때리고, 같은 파출소 소속 경장 H(나이 미상)에게는 바닥에 떨어진 자신의 소지품을 주우라고 소리를 지르면서 발로 H의 허벅지를 3회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to the 112 Report Handling.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 79(1) and 49(2) of the Railroad Safety Act (the point of obstructing the performance of duties by railroad workers), Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of each sentence of imprisonment.

1. Statutory mitigation;

Articles 10(2) and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

The punishment as ordered shall be determined in consideration of all the sentencing conditions, including the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., as well as the health status of the defendant.

Judges Kim Jong-chul