철도안전법위반
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Criminal facts
No person shall interfere with the performance of duties of railroad workers due to violence or intimidation.
On November 14, 2017, at around 22:00, the Defendant: (a) knew of the fact that a railroad crossing in the railroad crossing located in Yongsan-gu Seoul, Yongsan-gu, would not cross a railroad crossing; (b) knew that it would not cross the railroad at the time when the method of blocking a railroad crossing was issued according to the access to the railroad; (c) and therefore, (d) the railroad crossing manager D, who controlled the vehicle and pedestrians, was tightly pushed up one time by two descendants of the front of the Defendant; (d) said D, with two descendants, was w off the Defendant; and (d) said D, she was frightd by two descendants again, frightd with D’s clothes and luminous bombs, and frighted on the side, and controlled the vehicle and pedestrians by assaulting two or more times in total.
D interfered with the performance of duties.
Summary of Evidence
1. Partial statement of the defendant;
1. According to the witness D, E, and F’s respective legal statements (a concrete and consistent statement of D and witness statements corresponding thereto, it can be sufficiently recognized that the performance of D’s duties, such as the Defendant’s criminal facts, has interfered with.
In addition, since the defendant's act did not go beyond the scope of violation of the social norms in light of the circumstances, the defendant's legitimate act is not accepted.
Application of Statutes
1. Relevant legal provisions and the choice of punishment for facts constituting a crime: Articles 78 (1) and 49 (2) of the Railroad Safety Act;
1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;