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(영문) 서울중앙지방법원 2014.4.10. 선고 2014고합159 판결
전차교통방해
Cases

2014 High-water 159 Former traffic interference

Defendant

A

Prosecutor

Abscopic (prosecution) and abscopic (public trial)

Helpers

Attorney B (Korean National Assembly)

Imposition of Judgment

April 10, 2014

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

Criminal facts

On December 19, 2013, at around 10:40 on December 19, 2013, the Defendant obstructed the flow of the entire vehicle by rapidly cutting off the 54 electric trains of Incheon Triju, which enter the line, from the 85-dong, Seoul Special Metropolitan City, by walking the steel waste source located there to a railway train, waiting for the electric trains from the 1st home platform of Seoul Special Metropolitan City, Nowon-gu, to a railroad train, and by falling off the railroad train.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and D;

1. Photographs of the scene of the crime, screen pictures, CDs of the crime, pictures of the place where the crime was committed, and motion pictures of the victim;

1. A criminal investigation report (for example, face-to-face and video CD case), a criminal investigation report (for example, the occurrence of criminal conduct and the cases of photographing places), and a criminal investigation report (for photographic photograph of a stop line);

Application of Statutes

1. Article applicable to criminal facts;

Article 186 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

Reasons for sentencing

The Defendant interfered with the operation of the electric vehicle, resulting in inconvenience to many passengers using the electric vehicle, resulting in danger to the overall traffic safety of the national electric vehicle, due to the characteristics of the electric vehicle.

Considering that the above crime may lead to a large-scale accident, it is also necessary to punish the defendant. However, the defendant seems to have committed the crime of this case in a sudden and contingent manner due to a delay in the operation of the train due to the railway wave. The defendant recognized the crime of this case as well as reflects his mistake, and considering favorable circumstances such as the fact that the defendant has no criminal records of the same kind of crime, the defendant's age, age, character and conduct, family relationship, environment, occupation, etc. after the crime, and determine the punishment as ordered in the Disposition.

It is so decided as per Disposition for the above reasons.

Judges

Equal judges of the presiding judge;

Judges Lee Jae-sik

Judges Ooman

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