현주건조물방화등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
1. Summary of grounds for appeal;
A. The prosecutor (misunderstanding of the legal principle as to the acquitted portion of the judgment below) photographs the victim AC to commit a crime and speaks against the defendant within the scope of duties performed by railroad workers within the overall meaning, as a series of actions to prevent the defendant from disturbing his railroad history. As such, the act of assaulting AC by the defendant who taken the defendant's scene of committing a crime, constitutes the element of Article 78(1) of the Railroad Safety Act.
Nevertheless, the judgment of the court below that acquitted the victim AC of violation of the Railroad Safety Act is improper.
B. On October 17, 2018, the Defendant submitted a written reason for appeal to the effect that he denies all the remainder of the facts charged except for the part that was damaged by property on October 17, 2018. On the same day, the Defendant asserted that he denies the remainder of the facts charged except for the part that was used to assault as stated in paragraph 4 of the lower judgment’s facts charged on the first trial date.
However, the subsequent argument in the period for submitting the appeal can not be a legitimate ground for appeal, and even if ex officio examination is conducted, all facts charged against the defendant can be acknowledged based on the evidence duly adopted and examined by the court below. Thus, the above argument is without merit.
The punishment sentenced by the court below (five years of imprisonment) is too unreasonable.
2. Judgment on the Prosecutor’s misunderstanding of the legal principles
A. A person using a train or railroad facility in the summary of this part of the facts charged shall follow the directions of railroad workers on the duties to protect the safety of railroads and maintain order, and M (27 tax) and AC (30 tax) are railroad workers who work in a N station and provide services to passengers.
around 18:59 on October 25, 2017, the Defendant assaulted M at the 3rd floor large rooms located in the NO in Yeongdeungpo-gu Seoul Metropolitan Government, as stated in paragraph 5 of the facts constituting the crime in the judgment below.