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(영문) 서울중앙지방법원 2020.08.28 2020고단3324
상해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 10, 2020, at around 10:10, the Defendant, within subway 3 lines 3506, which operate a pharmaceutical zone in Jung-gu Seoul and the area adjacent to the Eastern Zone, received a civil petition of the disturbance and the subway security guards (28 years old) who called the subway security guards, dispatched the complaint, prevented the Defendant from paying the time fees to other passengers, and thereby, caused the victim’s damage to the superior heat and the bell that require approximately 3 weeks of medical treatment.

As a result, the Defendant interfered with legitimate execution of duties concerning railroad workers' safety, protection of railroads and maintenance of order, and at the same time injured the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A written diagnosis of injury;

1. Application of the provisions of Acts and subordinate statutes to photographs of details of receipt of civil petitions using subways, and the body photographs of victims;

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 interfering with the performance of duties of railroad workers);

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the instant crime without being aware of the fact that he/she committed the instant crime without being aware of the fact that he/she was sentenced to the suspension of six months of imprisonment for a special assault on September 18, 2019, which was under the suspension of execution, even though he/she was under the suspension of execution, and that the injury of the victim is not easy, and that he/she obstructed the performance of duties

However, in this court, the defendant agreed with the victim only, and the victim does not want the punishment of the defendant, the defendant confessions himself/herself, reflects his/her wrongness, and the defendant's health is not good, and the defendant is at the first degree of the mentally handicapped with permanent disability due to an accident at the time of attending an elementary school, and it is difficult for him/her to lead a daily life without the safe guard of his/her guardian.

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