Cases
2013 Highly 752 Telecommunications Obstructions
Defendant
Yellow (65-years, South Korea), and non-permanent,
Housing Olsan City
Olsan City on the original domicile
Prosecutor
Court Decision 201Hun-Ga45 decided May 1, 201
Defense Counsel
Attorney Son Jin (National Election)
Imposition of Judgment
April 15, 2014
Text
A defendant shall be punished by imprisonment for not less than six months.
Reasons
Criminal facts
On November 15, 2013: Around 04, the Defendant obstructed the traffic of trains by preventing the operation of approximately 20 minutes of total five trains, such as passenger trains of No. 668, electric trains of No. 668, electric trains of No. 1272, 1212, and 1158, under the influence of alcohol, by cutting off a pursuant to the influence of alcohol, cutting off his wife at the 55 km area between the scopic railway station in the scopic railway station in Osan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Each investigation report;
Application of Statutes
1. Article applicable to criminal facts;
Article 186 of the Criminal Act
1. Discretionary mitigation;
The crime of this case on the grounds of sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act is not easy in that if the safety of the means of transportation such as the vehicle which temporarily obstructs the operation of trains by delaying the operation of trains, such as lyings on the line, and thus the safety of vehicles, such as transporting many people or things, may lead to large hand brus, and may cause a large inconvenience to many citizens using the vehicle, and the defendant may not be punished corresponding to the criminal liability of the defendant, considering the fact that the defendant was sentenced to a suspended sentence due to the obstruction of performance of official duties and the fact that he committed the crime without being aware of it during the suspended sentence due to the obstruction of execution of official duties, etc.
However, the defendant appears to have committed the crime of this case on the ground that he did not properly support his wife due to economic poverty. The time for the delay in the operation of trains due to the crime of this case was not clear. The defendant recognized all his wrong acts, the defendant is against himself, and the defendant has recently been employed on the basis of his recent certificate of qualification, and the defendant has kept a strong will to live with his parents as well as his parents for the two fathers who entered a university or a high school.
It is so decided as per Disposition for the above reasons.
Judges
Judge Lee Jae-young
Judges Kim Jae- Jae
Judges Lee Dong-ho