A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal records] On February 18, 2016, the Defendant was sentenced to one year of imprisonment with prison labor due to fraud, etc. at the Suwon prison on February 18, 2016, and completed the execution of the said sentence in South Korea on May 28, 2017.

[Criminal facts] No person shall throw a stone or other dangerous objects toward rolling stock to cause danger to the operation of rolling stock.

Nevertheless, at around 06:30 on September 1, 2017, the Defendant: (a) entered the D station located in Suwon C in Suwon-si, Suwon-si; (b) on the ground of the Defendant’s entry into the Suwon Station-Yeng Section 41km (branch point 41 km), 2 of the gravel (section 15 cm in diameter) located in the vicinity of the track, which was considerably divided to restrain the Defendant; and (c) continued to gather the gravel (5:7 cm in diameter) with the said branch on hand, the Defendant delayed the operation of the train, such as K615, which had been operating the said section around 20 vehicles.

As a result, the defendant interfered with legitimate performance of duties concerning railroad operation and railroad facility management, which is a railroad employee, and caused danger to the operation of rolling stock by throwing dangerous objects.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Investigation report (the case of video verification of suspect's behavior before and after committing the crime);

1. Previous convictions: Inquiries about criminal records and investigation records, and application of Acts and subordinate statutes to report criminal investigations (verification of suspect's history of repeated crime);

1. Relevant legal provisions concerning criminal facts, Articles 78(1) and 49(2) of the Railroad Safety Act concerning the option of punishment, Articles 78(2)6 and 48 subparag. 2 of the Railroad Safety Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Determination as to the defendant's assertion under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes

1. The Defendant’s assertion of defense by a political party poses a threat to his/her life, such as making a knife with a homeless person and attempting to kill him/her.