철도안전법위반
The judgment of the court below is reversed.
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
1. The gist of the grounds for appeal is that the defendant has not assaulted E by pushing ahead of his chests.
Even if there was a physical conflict between the Defendant and E
Even if this is due to the attachment of a defendant without any legal basis, the defendant's act constitutes a justifiable act.
The court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding guilty of the facts charged.
2. Determination
A. According to the evidence duly adopted and examined, the defendant committed an act that leads to the belief of an unspecified number of players at the time stated in the facts charged, and the defendant demanded that E, an employee of the subway security center Seoul Matro, who was an employee of this D Station, refrained from doing the act while stopping the defendant. Whether the defendant "I would like to transfer a satch's horse" is why the defendant would not go against.
The facts of the dispute with E, such as the dismissal, and the following, E demanded the defendant to present an identification card or to issue a resident registration number, and the defendant does not have an identification card.
that is not presented an identification card, and that there is a market to be raised by the defendant.
It means that he tried to get out of the workplace, and that he went through the police and demanded the defendant to stay at the site until the police reaches the site. During that process, the defendant tried to get out of the site and go out of the site in several directions of damage, and the defendant was punished by two arms and prevented the defendant from getting out of the site, and the defendant is able to find out the fact that he was pushed out of the site in order to get out of the place.
B. Meanwhile, no person is allowed to make a speech or solicit at a station without the permission of railroad workers [Article 48 subparag. 11 of the Railroad Safety Act (hereinafter “Act”) and Article 85 subparag. 3 of the Enforcement Rule of the same Act] and trains.