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(영문) 대구지방법원 2019.01.11 2018고단5200
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year 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 violence or intimidation.

Nevertheless, the Defendant: (a) around 18:07 on September 12, 2018, around 18:07, around the 3-line Gyeongcheon Hospital Project site, and without any justifiable reason during the period from the 3-line Gyeongdong-gu Urban Railroad to the vicinity of the hydro-Gu Residents’ Athletic Station, and (b) the victim C (the 31-year-old age-old) who is the operational manager in charge of the operation management of the State Party B (the 31-year-old) took a cell phone of other non-name passengers, and the victim C (the 31-year-old age-old), who is the victim, took care of the victim's neck by selling, and took care of the victim's face by drinking.

As a result, the Defendant interfered with legitimate execution of duties concerning railroad safety and protection of railroad workers and maintenance of order, and at the same time injured the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts, Articles 78 (1) and 49 (2) of the Railroad Safety Act (the point of obstructing the performance of duties of railroad workers);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, motive and circumstance after the crime, etc., shall be determined as ordered in consideration of the following: (a) the reason for sentencing under Article 62-2 of the Social Service Order Act is very poor; (b) the Defendant reflects the Defendant; (c) the Defendant agreed with the victim; and (d) the Defendant has no record of punishment since 2004; and (c)

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