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(영문) 서울중앙지방법원 2018.10.18 2018고단4313
철도안전법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant’s assault, around 18:50 on June 29, 2018, reported the victim E (56 years old) who was a cleaning agent at the male toilet of D 4th floor in Yongsan-gu Seoul, Yongsan-gu, Seoul, and was a cleaning agent (56 years old), and reported the victim “hyp???”

“In doing so, the victim was able to take care of the victim’s breath as the Defendant’s left hand, and the victim was boomed once as the head of the Defendant, on the ground that the victim’s breath was neglected.

Accordingly, the defendant committed assault against the victim.

2. A person who violates the Railroad Safety Act shall not interfere with the performance of duties by a railroad worker by means of violence or intimidation, and F is a state public official engaged in railroad security duties, who is a railroad worker;

around 18:58 on June 29, 2018, the Defendant, at the Seoul Regional Railroad Police Team G located in Yongsan-gu Seoul Metropolitan City, brought a desire for the other party E and the Korean Railroad Police Officers, while being investigated into violence as referred to in paragraph (1) above. Accordingly, the F of the Korean Railroad Police Officers expressed the Defendant’s act to the horseer and the above F, and expressed the F’s chest back to the Defendant’s hand, and took once the Defendant’s hair’s hair, and took once the part of the F’s clothes to the Defendant’s head, and considered the F’s arms as the Defendant’s hand.

Accordingly, the Defendant interfered with the performance of duties of railroad workers by assault or intimidation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, H, F, and I;

1. Application of Acts and subordinate statutes to each damaged part photograph, public official certificate, CCTV screen, and opinion on the screen;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 78(1) and 49(2) of the Railroad Safety Act (the point of obstructing the performance of duties against railroad workers), and the choice of imprisonment with labor for each type of crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as observation of protection and order to attend lectures.

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