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(영문) 수원지방법원 2020.11.26 2020고단5676
철도안전법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. No person who violates the Railroad Safety Act shall interfere with the performance of duties of railroad workers by means of violence or intimidation;

On February 13, 2020, at around 14:30 on February 14, 2020, the Defendant: (a) was boarding the train B B in Busan, and was in the broadcasting room located in the passage between 2-3 vehicles immediately after the departure of the mountain station, and without any reason, obstructed legitimate execution of duties, such as railroad workers’ guidance, etc., by assaulting the train crew C, who is railroad workers, to go to the face; (b) the Defendant was going to the third guest room; and (c) the victim was going to go to the passage between 3-4 vehicles, and the victim was brought to go to the passage of 3-4 vehicles; and (d) the victim was brought to the victim due to his own drinking.

2. The Defendant insulting the victim by openly insulting the victim, such as “chrone, typule, and chrone,” which entered the third guest room at the above time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (Analysis of images to be submitted by a complainant), a criminal investigation report (case concerning insult of a victim), a criminal investigation report (case concerning insult of a victim), and a criminal investigation report (componing with a spon

1. Relevant legal provisions concerning facts constituting an offense, Articles 78(1) and 49(2) of the former Railroad Safety Act (wholly amended by Act No. 17239 of Apr. 7, 2020), Article 311 of the Criminal Act, and the choice of imprisonment, respectively,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order shows both the defendant's wrong perception and reflect.

However, it seems that the defendant has a number of violent crimes against the defendant, and it is necessary to punish him/her accordingly because he/she has not been punished by the victim.

The defendant's age, character, environment and motive, means and result of the crime, the circumstances after the crime, and records and arguments of this case are shown.

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