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(영문) 서울서부지방법원 2015.12.10 2015고정1503
철도안전법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 23, 2015, at around 23:25, the Defendant discovered his mobile phone from B (39 years of age) that caused the service of the Seoul Meet to the subway No. 2 (39 years of age) located in the New Airport of Mapo-gu Seoul, Mapo-gu, Seoul. On June 23, 2015, the Defendant was tightly tightly tightly tightly protruding the victim’s shoulder, and shaking the Doz.

As a result, the defendant assaulted railroad workers, thereby hindering the legitimate execution of duties concerning the provision of railroad workers' services.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. The tear tear of the victim;

1. Application of Acts and subordinate statutes on mobile phone image data;

1. Article 78 (1) and Article 49 (2) of the Railroad Safety Act concerning criminal facts, the choice of punishment, and the selection of fines;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendant demanded the her service personnel at the time to search for goods lost to the her service personnel at the time and caused the instant crime. Article 49 of the Railroad Safety Act is a provision punishing a person who interferes with the performance of duties by railroad workers for the protection of railroad safety and maintenance of order. As such, Article 49 of the Railroad Safety Act cannot be applied to the Defendant’s act, and at the time, the Defendant did not have the intent of violating the Railroad Safety Act, and the indictment of this case goes against the principle of excessive

2. Article 49(1) of the Judgment on Railroad Safety Act provides that a person who uses trains or railroad facilities shall follow the directions of railroad workers for the safety, protection of railroads, and maintenance of order (Article 49(1)). Any person shall not interfere with the performance of duties of railroad workers by assault or intimidation (Article 49(2)), and any person who interferes with the performance of duties of railroad workers by assault or intimidation shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.

(Article 78(1).

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