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(영문) 서울중앙지방법원 2020.08.24 2020노1605

철도안전법위반

Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. In order to board an elevator installed in subway history, the Defendant: (a) only flicked the elevator door to flicked the victim; and (b) did not have any intention to assault the victim; and (c) there was no actual assaulting the victim.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. On November 25, 2019, around 18:00 on November 25, 2019, the Defendant: (a) committed assault against the victim, who is a public official in railroad, in his/her hand, while towing a car with an illegal strip around the fourth underground waiting room in the Seoul subway 9 Line B; and (b) intending to drive the elevator, leading a car with an illegal strip around the fourth underground waiting room in the subway Station B;

Accordingly, the Defendant interfered with the legitimate execution of duties by railroad workers.

The public prosecutor of the original trial shall make oral statements during the first and second public trial days of the original trial, add the last sentence among the facts charged, make a request for partial revision of the first sentence among the facts charged, make a statement that there is no objection by the defendant and defense counsel, and the presiding judge permitted each modification of the indictment.

B. The judgment of the court below also asserted to the same purport as the grounds for appeal. However, the court below acknowledged that "the defendant led a car with illegal aging points, and attempted to board the elevator for the elderly, the disabled, and the disabled, and even though the victim was prevented, the defendant was pushed ahead by leading about about 5 meters of the elevator from the waiting room to the place where the elevator gets out of the waiting room without disregarding it. The victim continued to keep away from the defendant's career and was pushed back to the elevator entrance, and the victim was pushed back to the elevator entrance. During that period, the defendant was pushed down with the defendant's hand while driving down the elevator door." However, the court below acknowledged that "the defendant who prevents the victim from driving ahead of the elevator door by hand." The defendant interfere with the execution of duties of the Korea Railroad Safety Control Board.