The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Inasmuch as the misapprehension of legal principles does not directly obstruct railroad operation or cause harm to the public safety, the Defendant’s act is not a violation of the Railroad Safety Act, but a crime of assault under the Criminal Act shall be applied to the Defendant’s act, and the victim expressed his intent not to have the Defendant punished in the first instance trial, dismissal of prosecution shall be dismissed.

B. The first instance of the unfair sentencing decision (2 million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal principles, the first instance court, which was a railroad worker at the time of the instant case, was in the course of performing duties to maintain order in history, properly stated the following in detail in the application column of the statutes in the judgment.

Since the Defendant’s act of assaulting the victim, who performs duties to maintain order in history, as stated in the judgment of the first instance court, constitutes “an act of obstructing the performance of duties of railroad workers by assault and intimidation” under Article 49(2) of the Railroad Safety Act, it constitutes a crime of violation of Article 49(2) of the Railroad Safety Act.

On a different premise, the Defendant’s assertion of the misapprehension of the legal principle is without merit.

B. In full view of the developments and contents of the instant crime, the result, the fact that the Defendant had been punished several times as a violent crime, and all other sentencing conditions as shown in the arguments and arguments, including the Defendant’s age, character and conduct, environment and circumstances after the commission of the crime, the first instance sentence is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit