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(영문) 서울서부지방법원 2020.09.10 2020고단1959
철도안전법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

Nevertheless, at around 15:15 on April 23, 2020, the Defendant, on the platform of the subway C Line 3, located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, 2020, assaulted the Defendant at a time when the Defendant sent the direction of subway to the Defendant, “I want to see who is a railroad worker, she is she or she is she or she is she or she is she or she's age, and she is she is she or she is she or she's age.”

Accordingly, the Defendant interfered with legitimate performance of duties concerning railroad workers' platform management by assaulting violence.

Summary of Evidence

1. Application of the police's written statement concerning D's legal statement to the defendant;

1. Article 78 (1) and Article 49 (2) of the Railroad Safety Act concerning criminal facts, the choice of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Assaults against railroad workers on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are serious crimes prejudicial to the safety of trains, the defendant is led to confession, and the defendant is contradictory to the defendant. D is not subject to punishment, and there is no criminal record other than a fine for violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and other factors of sentencing, such as the defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of all the circumstances of sentencing, including the circumstances after the crime.

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