2020 Highest 4331 Violation of the Railroad Safety Act

Ma○○ (62.-1), Labor

Residential Gyeongbuk-gu;

Gyeongbuk-gu District in Reference domicile

Is-in (prosecution) and Kim Dae-sung (Trial)

Attorney Kim Young-young (Korean National Assembly)

January 7, 2021

A defendant shall be punished by imprisonment for four months.

Criminal facts

【Criminal Records】

On August 29, 2019, the Defendant was sentenced to 10 months of imprisonment with prison labor for the crime of bodily injury, etc. at the Daegu District Court on August 29, 2019 and completed the execution of the sentence in the Southern Prison on March 12, 2020.

【Criminal Facts of Crimes】 On July 19, 2020, the Defendant was requested on July 20, 2020 to wear a horse from the victim O (Nam, 51 years old) who was the head of the team in charge of major district service belonging to the Korea Railroad Corporation, while living in an old-age room without wearing a ice, but refused to wear it. The victim took the Defendant out of the above large-scale room and took the Defendant out of the above large-scale room, made the victim’s desire to write the Defendant out, and threatened the victim with the victim’s desire to write the Defendant out of the above large-scale room, and pushed the victim out on his left hand, and pushed the part of the victim’s neck once by hand.

As a result, the Defendant interfered with the performance of duties concerning the internal safety management of railroad workers by assault and intimidation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on jurisdiction 00;

1. A written statement prepared in Kim 00;

1. Certificates of labor costs (or 00);

1. On-site photographs and victim photographs;

1. Previous records of judgment: Criminal records, probationary records, criminal records, repeated crimes, and current status of acceptance of individuals;

Application of Statutes

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

Railroad Safety Act, Articles 79(1) and 49(2) of the Act, the choice of imprisonment

1. Aggravation for repeated crimes;

Article 35 of the Criminal Code provides that the degree of assault is not more severe than that of the reason for sentencing.

○ Unfavorable Circumstances: A crime of the same kind has already been punished several times due to the same type of crime, but again repeats the crime.

○ Otherwise, the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc., and the various conditions of sentencing as shown in the instant pleadings, shall be determined as per the order.

Judges Scaria