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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.
Reasons
1. A person who damages a track, light, car, automobile, vessel or aircraft or obstructs traffic by any other means shall be punished by imprisonment for not less than one year on account of a summary of the grounds for appeal;
“Other means” provided that “any act that may interfere with traffic by any means other than damage.”
Nevertheless, the judgment of the court below which acquitted the charged facts of this case by interpreting "other methods" as limited to "the extent equivalent to damage" as provided in this Article, is erroneous in the misapprehension of legal principles or misconception of facts.
2. Determination:
A. On July 2, 2016, the summary of the facts charged in the instant case (the facts charged) stated that the Defendant delayed the departure of the train for about four minutes and four minutes by inserting the Defendant’s two legs on the line inside the passenger train connections between the train No. 2 and 3, and thus obstructing the traffic of the train by delaying the departure of the train for about four minutes and four minutes and four months by inserting the Defendant’s bridge on the line.
B. The lower court determined on the premise that “other means” under Article 186 of the Criminal Act, which provides for the punishment of “an act interfering with traffic of trains, etc. by other means, mean at least an act corresponding to the degree of destroying a track, light, or sign.” On the ground that ① the Defendant does not damage all the facilities necessary for the operation of trains, such as tracks, signal facilities, and crossing, and there is no obstacle that the Defendant does not have any difficulty in removing trains from running, ② the Defendant puts two legs on the uppermost side of the line inside the connecting side of the train, but at the time, the Defendant was the body of the track.