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(영문) 대전지방법원 2017.05.31 2017고단1063
철도안전법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall interfere with the performance of duties of railroad workers, such as passengers and crew, due to violence or intimidation.

Nevertheless, on October 30, 2016, the Defendant: (a) around 19:20, at the 6th vehicle of the YX 6th vehicle of the YX 664 train in the YTX-64 train, the passenger crew of the said train, sold a check to the Defendant himself; (b) on the other hand, the Defendant, who put a check to other passengers, sold the front part of the said C’s buckbucks after knee.

As a result, the defendant interfered with legitimate execution of duties of railroad workers due to violence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of damaged railroad workers;

1. Article 78 (1) and Article 49 (2) of the Act on the Safety of Railroad from which criminal facts are applicable and Articles 78 (2) and 49 (2) of the Selection of Criminal Penalties;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Determination of the sentence to the effect that the case was committed by assaulting railroad workers on duty, and that the circumstances favorable to five times the past records of violent crime: Determination of the sentence to the effect that confessions and reflects the aforementioned circumstances: The following circumstances are different from the above circumstances, taking into account various conditions of sentencing as shown in the argument of this case, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc.;

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