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(영문) 서울서부지방법원 2018.05.17 2017고단3103
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 August 23, 2017, around 10:0, the Defendant used violence, such as receiving instructions from the subway security guards E, who belong to the Seoul Metropolitan Transport Corporation, to keep a simple chair in front of the entrance from the subway security guards E, who are in charge of the Seoul Metropolitan Government, to take a bath against the said E, and to take a bath for drinking the said E’s hand on one occasion.

Accordingly, the Defendant interfered with the performance of duties concerning the safety, protection and maintenance of order of railroad workers.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A place where he/she works as a security center;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant legal provisions of the relevant Act concerning criminal facts, Articles 78 (1) and 49 (2) of the Railroad Safety Act that choose a penalty, and the selection of a fine (the extent of the assault of this case is relatively minor and the degree of interference with execution of duties, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The act of the accused in the summary of the assertion is a legitimate defense or legitimate act that is set up against the protection of subway security guards E from the use of mobile phones;

2. According to the evidence duly adopted and examined by this court, the defendant was engaged in the process of installing a bank for the concurrent use in front of the subway entrance before the subway entrance, and then separating the mail. However, the railroad security pipe E, the defendant, who was the defendant, was at the seat near the independent subway entrance opened by the defendant, was at the seat of the entrance to the defendant, and the defendant was at the seat of the entrance to the defendant. However, the defendant, who was at the seat of the above bank, was abusedly abused to E after the above bank, and E was forced to get the defendant down in the D station, and the police was waiting before the police station. Meanwhile, the defendant continued to sit to E as a subway station.

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