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(영문) 인천지방법원 2019.05.23 2019고단1559
철도안전법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 8, 2019, at around 00:30, the Defendant assaulted the Defendant, a railroad worker D, who was in support of disaster and safety management duties, in the subway station 1 subway station located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, in order for the Defendant to have the Defendant d, under the influence of alcohol, and was able to have the Defendant d, who was under diving by drinking, and was sleeped with the chest of the above D with the hand floor.

Accordingly, the defendant interfered with legitimate execution of duties concerning disaster, safety management, maintenance of order, etc. of railroad workers.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared in D, E, and F;

1. Social work personnel certificate;

1. Application of the Act and subordinate statutes to the investigation report (to secure CCTV images);

1. Article 78 (1) and Article 49 (2) of the Railroad Safety Act applicable to criminal facts, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing of Article 62(1) of the Criminal Act, despite the previous convictions of obstruction of the performance of official duties, the criminal of this case committed again, and there is a need for strict punishment against the defendant.

However, the fact that the defendant shows a misunderstanding while making a confession, the fact that the defendant does not have any criminal record exceeding the fine, the fact that D, a railroad worker, desires the defendant's preference, the social relation of the defendant is clear, the defendant's age, character and character, environment, motive, means and consequence of the crime, etc., and the conditions of the sentencing specified in the arguments in this case, such as the circumstances after the crime, shall be determined as the same as the order.

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