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(영문) 서울중앙지방법원 2021.03.18 2020고단7265
철도안전법위반등
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 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;

On July 26, 2020, at around 19:17, the Defendant: (a) received a report from passengers to the effect that “the Defendant gets a disturbance” and called “the Defendant’s disturbance” in Jongno-gu Seoul, Jongno-gu, Seoul, the service personnel D ( South, 59 years old) called the Defendant at the elevator guide without any justifiable reason, and took the face of D one time by hand while taking a bath for the Defendant’s elevator guidance without any defects.

As a result, the Defendant interfered with the performance of duties such as maintaining the history and order of the Railroad Workers.

2. 공무집행 방해 피고인은 2020. 7. 26. 19:30 경 서울 종로구 B에 있는 C 역무실에서 112 신고를 받고 출동한 E 파출소 소속 경찰관인 F과 G( 남, 26세) 이 소파에 앉아 있던 피고인을 부축하면서 일으켜 세우다가 피고인이 소란을 피워 다시 소파에 앉히자 술에 취하여 특별한 이유 없이 발로 G의 허벅지를 2회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. Application of the respective legal statements of witnesses D and G to the Acts and subordinate statutes;

1. Relevant legal provisions on criminal facts, Articles 78(1) and 49(2) of the former Railroad Safety Act (amended by Act No. 17239 of Apr. 7, 2020), Article 136(1) of the Criminal Act (amended by Act No. 1360, Apr. 7, 202); and each choice of imprisonment with labor, respectively,

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the degree of interference with the execution of duties is not serious and is against the law) or more;

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