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(영문) 서울북부지방법원 2017.08.11 2017고단2317
철도안전법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On November 13, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for an injury at the Seoul Northern District Court, and the execution of the sentence was completed at the Sungdong Detention House on November 19, 2015.

[2] On June 7, 2017, the Defendant: (a) around 21:51, at the subway stations of subway 7, the subway lines located in Seoul Jung-gu C, Seoul, the Defendant: (b) turned down to the station platform by receiving a lower demand from the station station of the D Station, where the emergency bell in the electric train that leads to the direction of Dobongsan, is sounding and investigating it.

The Defendant, who was under the call of the head of the above sub-head of the D station, was able to get off his subways under the ground where he was on the ground of the D station when he was under the demand for returning home from the victim E, who was under the service of the above sub-head of the D station, and got off his subways. As the victim prevented him from getting out of the subways, the Defendant committed assault by assaulting the victim, such as making the victim not to get out of the subways about five times, taking off the victim's right shoulder due to drinking, taking the victim's ma, again taking the victim's shoulders about five times in drinking.

As a result, the Defendant interfered with legitimate execution of duties concerning the maintenance of order and prevention of safety accidents in the history of the victim, who is a railroad worker.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. Previous convictions: Application of inquiries about criminal history and investigation reports (Attachment to the same type of violence and previous convictions, etc.) and statutes;

1. Article 78 (1) and Article 49 (2) of the relevant Act on the Safety of Railroads for Criminal Facts (Selection of Imprisonment);

1. Although the Defendant had a record of punishment more than 20 times for aggravated repeated crimes Article 35 of the Criminal Act, the Defendant exercised tangible power, such as taking a bath to those railroad workers who perform official duties during the period of repeated crimes, and exercising violence.

In light of the fact that the crime committed by a defendant is very poor and its damage has not been recovered, etc.

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