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(영문) 서울중앙지방법원 2018.05.31 2018고단2071
공용물건손상등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, on March 31, 2018, at around 13:16, the Defendant was found to have stopped in the D Station located in Suwon-si, Suwon-si, 1043 trains No. 1043 and No. 5, and the Defendant was found to have been a non-standing passenger from the Korean Railroad Police Station E, which belongs to the Seoul Special Railroad Police Team, for the reason that he was demanded to get off the train, and that he was asked to get off the train.

After being arrested as a flagrant offender by a railroad police officer such as E, the Defendant was forced to get off the D station platform, and the Defendant got off the part of the E’s left face by walkinging one time in the course of getting off the D station platform.

Accordingly, the defendant assaulted the above E as a railroad worker and interfered with the performance of his duties, which led to a delay of about five minutes, thereby hindering the operation of trains.

2. On March 31, 2018, the Defendant damaged public goods, as indicated in paragraph 1 from F in Suwon-si, Suwon-si, Suwon-si, to arrest a flagrant offender on the same content as indicated in paragraph 1, and cut off the lock, and on the ground that he/she was able to hand off his/her set at a location, he/she saw 150cm wide and 60cm long to the size of 150cm long.

Accordingly, the defendant damaged the will of the above air, which is a thing used by public offices, thereby harming its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Investigation report (the sequence 19,24,25 of the evidence list);

1. Application of Acts and subordinate statutes to photographs of damaged parts, photographs of damaged air chairs;

1. Relevant legal provisions for criminal facts, Articles 79(1), 78(1), and 49(2) (which interfere with the operation of a train by obstructing the performance of duties by railroad workers) of the Act on the Safety of Railroad Services, and Article 141(1) of the Criminal Act (a).

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