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(영문) 의정부지방법원 2021.03.19 2020고단4718
철도안전법위반
Text

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

However, the defendant shall be sentenced to the above punishment for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A person using a train or railroad facility shall follow the directions of railroad workers for the safety, protection, and maintenance of order of railroads in accordance with the relevant Acts and subordinate statutes, and shall not interfere with the performance of duties of railroad workers due to violence or intimidation.

Nevertheless,

1. 피고인은 2020. 6. 21. 11:30 경 서울 마포구 B에 있는 C 역 공항 철도에서 환 승 게이트를 무단으로 통과하여 승강장에 출입한 뒤 인천 공항 역 방면 지하철에 탑승하려 다가 철도 종사자인 피해자 D( 남, 27세 )에게 제지 당하자 “ 안 찍고 그냥 간다는 데 뭐 어쩌라 고, 아나 이 새끼, 썅 노무새끼 쥐어 터질래

The term “the victim” refers to “the victim’s quizzle hand with the victim’s quizzle with the two arms as a hand, thereby spreading the victim and getting the victim on the said subway.

On the other hand, the defendant continued to request the difference of the victim who gets on board the subway, and when the said subway arrives in the station of the digital media center, the victim was pushed the victim's chest by hand and pushed the victim out of the subway.

2. On August 24, 2020, around 16:35, 2020, the Defendant demanded to wear a horse from the victim G ( South and the age of 42) who is railroad workers at the F Station Seoul Airport (hereinafter referred to as the “F Station”) platform in Seo-gu Incheon, Seo-gu, Incheon. As the Defendant demanded to wear a horse, it is whether the Defendant running away a dog to open.

The term "the victim's left part part part of the victim's play" refers to "the victim's left part of the victim's play once, and the victim continued to wear the victim and boom the victim.

3. Accordingly, the Defendant committed violence to the victims who are railroad workers and thereby prevented them from performing their duties.

Summary of Evidence

1. A protocol concerning the examination of suspect of each accused accused;

1. Statement made by the police against DG;

1. Application of the Acts and subordinate statutes governing violence video CDs;

1. Article 79 (1) and Article 49 (2) of the Railroad Safety Act concerning facts constituting a crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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