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(영문) 서울중앙지방법원 2017.06.01 2017고단2261
철도안전법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall interfere with the performance of duties of railroad workers by intimidation.

Nevertheless, around 00:02 on April 6, 2017, the Defendant: (a) was divingd on the subway C platform of subway No. 3 located in Gangnam-gu Seoul, Seoul; (b) during the pertinent train that finished the operation of the pertinent day, the Defendant attempted to have the Defendant cut off along with the labor force staff, E, who was a social employee, who was a railroad worker, who was supporting the instruction and history management of passengers; (c) but, under the influence of alcohol, tried to operate the train while driving the train, and the said railroad worker was forced to stop it; (d) the said railroad worker was able to take the train with the said railway worker’s arms and the chest part of the said railway worker.

Accordingly, the defendant interfered with legitimate execution of duties concerning railroad workers' services due to violence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. Application of each statute on photographs;

1. Article 78 (1) and Article 49 (2) of the relevant Act and Articles 78 (1) and 49 (2) of the Railroad Safety Act concerning criminal facts;

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 in the order of provisional payment shall be punished by a fine, taking into consideration the following factors: (a) the accused is the first offender; (b) the confession and the misunderstanding of the facts of the offense are committed; (c) the victim has been paid KRW 3.5 million to the victim; and (d) the accused has been finally sentenced to a punishment more than imprisonment without prison labor, if the punishment becomes final,

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