공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 1.5 million won.
The defendant does not pay the above fine.
1. The main point of the grounds for appeal is that the lower court’s punishment (1.5 million won in penalty) is too unhued and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
A prosecutor shall change the name of the crime in indictment at the trial of the party into “violation of the Railroad Safety Act”, “Article 136(1) of the Criminal Act” to “Article 78(1) and Article 49(2) of the Railroad Safety Act”, respectively, and “No person shall interfere with the performance of duties of railroad workers by assault or intimidation.”
In addition, “The Defendant interfered with legitimate execution of duties concerning the support of legitimate safety management of social service personnel, who are public officials,” 5 to 6 of the charges.
As a result, “The Defendant interfered with the performance of duties of railroad workers by assault and intimidation.”
“Application for Amendments to Bill of Indictment” was filed, and this Court permitted this, thereby changing the subject of the adjudication.
Therefore, the judgment of the court below can no longer be maintained.
3. The judgment of the court below is reversed ex officio on the ground that there is a ground for reversal of the above authority, and the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the following judgment is delivered through pleadings.
[Re-written Judgment] No person who commits a crime shall interfere with the performance of duties of railroad workers due to violence or intimidation.
On February 7, 2017, the Defendant: (a) on the D basin platform located in the Gansi District C around 00:45, and (b) on February 7, 2017, the Defendant was informed of the E’s face, bucks, and bucks to the right side of the E’s face and bucks, by hand, to E, who is a social employee of the Dong branch headquarters in the Seoul metropolitan area of the Korea Railroad Corporation, and was informed of the E’s face and bucks.
As a result, the Defendant interfered with the performance of duties of railroad workers by assault and intimidation.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Investigation report (a certificate of service of social service personnel);