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(영문) 인천지방법원 부천지원 2019.10.04 2019고단2305
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for 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 by violence or intimidation.

Nevertheless, around 00:55 on April 12, 2019, the Defendant took a bath to the victim D, who caused the service without any justifiable reason, under the influence of alcohol in Jung-gu Incheon, Jung-gu, Incheon, and caused damage to the reputation that the victim needs to receive treatment for about 14 days, on the ground that the victim was “drawing.”

As a result, the defendant interfered with the performance of duties concerning passenger guidance duties of the victim who is a railroad worker, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E and F;

1. Investigation report (Submission of a medical certificate for injury);

1. Application of the CCTV video CDs and the Acts and subordinate statutes governing damaged parts photographed;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense, Articles 78 (1) and 49 (2) of the Railroad Safety Act (a point of interfering with the duties of railroad workers);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The Defendant committed the instant crime, even though he/she had the record of punishment for the crime of assault and obstruction of performance of official duties, despite the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, and the instant crime was committed by the Defendant, without any particular reason, by obstructing the performance of duties concerning the victim’s passenger guide duties, and at the same time causing injury to the victim, by taking care of the victim’s face, etc. as a cause of railroad service without any particular reason

However, the fact that the defendant recognized the crime of this case, there is no penalty power exceeding the fine, and the defendant agreed with the victim.

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