The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)

A. Fact-misunderstanding ① The Defendant is a staff member in charge of the sales store of books in the subway history managed and operated by K Co., Ltd. (hereinafter “K”), and did not directly sell the amount of books in the book sales store in this case. ② The book sales store in this case did not sell the amount of books against pedestrians moving within the subway history as mobile merchants, but did not sell the amount of books against passengers, and ③ the Defendant did not have received a request for the eviction from D.

B. In light of the legal principles, K is entitled to possess the sales stand of this case, the Defendant, who is its employee, cannot leave the said sales stand of this case.

In addition, in contrast to the type of business designated in the book sales store of this case, tax revenue was sold.

Even if it is subject to the Civil Code and the Commercial Building Management Regulations, it does not constitute a case where people can be removed under Article 50 of the Railroad Safety Act.

In addition, the withdrawal may be demanded even if it is required.

Even if the defendant was out of the sales unit of the island of this case, he left the place.

② Since a subway security officer, such as D, committed a tort by force against the sales agent of the instant books, there was a justifiable reason to refuse his/her request for eviction.

Therefore, the defendant's act constitutes legitimate act.

(c)

The punishment of 1 deliberation (1.5 million won) for sentencing is too unreasonable.

2. Determination

(a) Relevant regulations and facts of recognition 1) No person of Article 48 of the Railroad Safety Act (Prohibitions for Railroad Protection and Maintenance of Order) shall engage in any of the following conduct, without good cause, that undermines the protection of railroads and the maintenance of order:

11. Other railroad facilities or rolling stock to maintain order for the safety of the general public.