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(영문) 서울북부지방법원 2020.09.24 2020고단2093
철도안전법위반
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall interfere with the performance of duties of railroad workers by assault or threat.

Nevertheless, around 19:22 on March 2, 2020, the Defendant: (a) at the C Station Customer Support Office located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; (b) however, there was a reason why the balance was insufficient even if the Defendant charged with the transportation cards to D; (c) however, D took the face of E by stating that “the customer support room was “to be confirmed by going to the shock station,” and she took a bath to D; (d) the said customer support room went out, took back the said customer support room, took a bath back again; and (e) the passenger service center E, the head of the said station, avoided the Defendant; and (e) took the face of E.g., “to go to the governance.”

As a result, the Defendant interfered with the performance of duties concerning the provision of railroad workers' services by assault.

Summary of Evidence

1. Written complaint of the defendant E in court statement;

1. Investigative Report (Attachment of a copy of the records related to the case), - Police suspect interrogation protocol of E, statement statement of D, telephone statement hearing which is accusation;

1. Application of the video CD-related statute

1. Article 79(1) and Article 49(2) of the Railroad Safety Act applicable to criminal facts, the choice of punishment, and the choice of imprisonment;

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

1. The crime committed by assaulting a staff member who is engaged in the duty of maintaining railroad safety for the reason of sentencing under Article 62-2 of the Criminal Act of probation and community service order, the defendant's liability is heavy, the defendant's act of assault committed by the labor force force force force, and the defendant suffered injury due to excessive suppression, and the defendant brought a petition against the labor force force force force. However, this court recognizes the defendant's error in the process of the crime, the defendant's excessive amount in the process of the crime, the degree of violence is not relatively excessive, and the defendant has no record of punishment except for a fine once, and the defendant has no record of punishment. It is so ordered as per Disposition by taking full account of all the sentencing conditions shown in the arguments,

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