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(영문) 대전지방법원 논산지원 2020.06.26 2019고단215

철도안전법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall interfere with the performance of duties of railroad workers by assault or threat.

On December 29, 2018, at around 20:00, the Defendant: (a) laid off the train B in order to move to the discharge from the west Station; and (b) around 20:06 on the same day, the Defendant offered the mobile tickets that the Defendant did not pay to the said crew, and (c) refused to pay the fare for the said crew, “I wish to see that I will have a large number of people, and will have a high number of people.”

On the same day, at around 20:12, the Defendant: (a) immediately after the train started in the river basin of 1, the Hansan-si, Seosan-gu, Seosan-si, the said crew had the said crew pay for the passenger boarding tickets to the said crew; (b) the said crew reversed the Defendant’s transfer of the passenger boarding tickets; and (c) the said crew took a bath to the said crew at a large voice, “Is the frith, frith, frith,” “Is the frith, frith, frith, frith, frith, frith,” and the said crew friened, and entered the waiting room between the said train 3 vehicles and 4 vehicles in which the said crew frith and the said crew frith in accordance with the said crew and the said crew frith in order to prevent the said crew from providing other services to the said crew, including the said passengers’ safety and convenience.

As a result, although the Defendant stated that the above crew who are railroad workers are “intimidating” in the bill of assault, Article 49(2) of the Railroad Safety Act provides that the act of obstructing the performance of duties by the railroad workers shall be punished, and the facts constituting the dispute are basically identical and do not act disadvantageous to the exercise of the defendant’s right to defense.