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(영문) 의정부지방법원 2018.10.18 2018노2062
폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. Summary of grounds for appeal;

A. The definitions of the terms used in this Act are as follows: (i) subway security officers: (ii) the terms used in Article 2 Subparag. 10 of the Railroad Safety Act (Definition) and Article 2 Subparag. 10 of the same Act.

10. The term "railroad worker" means any of the following persons:

(a) A person engaging in driving rolling stock (hereinafter referred to as "operator");

(b) A person engaged in the central management, control, and monitoring of operation of rolling stock (hereinafter referred to as "traffic control");

(c) A person who provides passengers with no boarding service (hereinafter referred to as "passenger crew");

(d) A person who provides passengers with services;

(e) Other persons engaged in the safety operation and maintenance of order of rolling stock and the inspection, maintenance, etc. of rolling stock and railroad facilities in relation to railroad operation and railroad facilities management fall under “persons providing passengers with no services” prescribed in item (d) of the same subparagraph or “persons providing passengers with services” prescribed in item (d) of the same subparagraph, and thus falls under “railroad employees” under the Railroad Safety Act.

(2) The sentence of the lower court (six months of imprisonment) is too unhued and unreasonable.

B. The lower court’s sentence is too unreasonable as the Defendant (unfair sentencing)’s punishment is too unreasonable.

2. Judgment on the Prosecutor’s misunderstanding of the legal principles

A. In light of the principal duties of maintaining order in a train, the lower court determined that “persons prescribed by Presidential Decree” in Article 2 subparag. 10(e) of the Railroad Safety Act and Article 3 subparag. 10(e) of the Enforcement Decree of the Railroad Safety Act and Article 2 subparag. 10(e) of the Railroad Safety Act (hereinafter “Act”) refers to any of the following persons:

1. A person who conducts the inspection, management, restoration, etc. at the site of a railroad accident or operational failure (hereinafter referred to as "railroad accident, etc.");

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