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(영문) 대구지방법원 상주지원 2018.11.06 2018고단188
철도안전법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 17, 2018, at around 00:47, the Defendant informed that D’s labor force members of the Korea Railroad Corporation, located in Dongdaemun-gu Seoul Metropolitan Government, would go out of the room to adjust the waiting room, and assault the victim’s right-hand knife at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the maintenance of order of railroad workers and the management of facilities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect prepared by a special judicial police officer against the defendant;

1. Statement made with respect to the preparation of a special amnesty against D by the police officer;

1. Each investigation report (Nos. 8, 11, 13, and 15 in the list of evidence);

1. The official text of the issuance of C personnel of the Korea Railroad Corporation, the official text of the internal workplace, and the regulations on the division of duties under C service regulations;

1. Application of Acts and subordinate statutes to the victim's photographs, photographs of the victim's parts of the crime tool, photographs of the victim's photograph, caps of the crime scene, and photographs of the place of arrest;

1. Relevant Article of the Act on Criminal Facts and Articles 78 (1) and 49 (2) of the Act on the Safety of Railroad for the Selection of Punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is not good.

However, the fact that the defendant recognizes and reflects the crime, and that there is no record of the crime except the punishment for the violence crime for about 20 years prior to the 20-year period, etc. are considered as favorable circumstances.

In addition, the sentencing conditions shown in the arguments and records of this case, such as the age and mental state of the defendant, shall be determined as per the disposition.

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