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(영문) 부산지방법원 2019.01.16 2018고단5079
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 24, 2018, the Defendant, at around 21:50 on October 24, 2018, moved to the service room, along with the above service personnel, who was requested to move the floor from D, and suffered injury to the victim D (the age of 49) by moving the face of the above service personnel one time due to the left side of the service personnel.

As a result, the Defendant interfered with the legitimate execution of duties of railroad workers on the maintenance of railroad order, and at the same time injured the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police and prosecutorial examination of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigation reports (Evidence No. 1, 4, 7)

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts, Articles 78 (1) and 49 (2) of the Railroad Safety Act (a point of obstructing the performance of duties by railroad workers);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [the scope of recommendation] general injury (the scope of recommendation] does not exist in the sentencing criteria for a violation of the Act on the Safety of Railroad in the basic area ( April to June) of Type 1 (the general injury) (the violation of the Act on the Safety of Railroad in April and June) (the decision of sentence] in the light of the fact that the defendant under the influence of alcohol makes it difficult for him to inflict an injury upon him in the subway service personnel without any particular reason while obstructing his duties while hindering his duties, and did not agree with the victim, the defendant is selected to be sentenced to imprisonment; however, the defendant is against his mistake and the degree of his injury seems not to be relatively heavy, including other circumstances favorable to the defendant, including the defendant's age, character, conduct and environment

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