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(영문) 서울중앙지방법원 2018.09.18 2018고단4994
철도안전법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

No person shall interfere with the performance of duties of railroad workers due to violence or intimidation.

On July 31, 2018, the Defendant reported the disturbance under the influence of alcohol to the respondent at the 2nd platform of D 2nd basement in D Station C around 21:07, the second platform of D 2nd platform of 14th, which was located in C. The Defendant reported the disturbance under the influence of alcohol to the respondent.

피고 인은 위 신고를 받고 21:08 경 현장에 출동하여 피고인을 진정시키며 귀가를 안내하는 서울 철도 특별 사법 경찰대 E 소속 철도 경찰 주사 보인 피해자 F을 향해 소지하고 있던 승차권을 던지고 피해자의 근무 모자를 툭 치며 “ 야, 씨 발 놈 아, 니가 주워와 씨 발 놈 아 ”라고 말하는 등 수회에 걸쳐 욕설을 하고, 담배 케이스를 던져 피해자의 얼굴에 맞히고, 계속해서 가래침을 피해자의 얼굴에 뱉는 등 피해자를 폭행하였다.

As a result, the Defendant interfered with legitimate execution of duties concerning the maintenance of order of railroad police officers, who are railroad workers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to the victim F;

1. A witness statement in G;

1. A copy of the victim's death card, copy of the boarding pass of the train possessed by the victim, and intrusion on the suspect who is detained in the victim's service uniform;

1. Photographs of the crime and the place of arrest;

1. Photographss of a crime scene and CCTV screen images of the crime scene;

1. A photo of damaged parts of the vessel and a tobacco locker;

1. Application of Acts and subordinate statutes to a report on investigation (verification as to whether a person is a victim railroad worker);

1. Article 78 (1) and Article 49 (2) of the relevant Act on the Safety of Railroads for Criminal Facts;

2. The reason for sentencing selecting a sentence of imprisonment with prison labor is the confession of this case, and the fact that the defendant was hospitalized due to a mental disease is favorable, or there are many violent crimes committed by the defendant, and in particular, there is little reason for the defendant being sentenced to punishment due to interference with the execution of special duties. The reason is that the defendant was the victim who was performing his duties while performing his duties.

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