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(영문) 서울고등법원 2015.09.18 2015노2036
기차교통방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

While the Defendant was trying to get off a train at the time, the Defendant laid the entrance unfairly between the entrance door and the entrance door. As a result, the Defendant was able to temporarily sit in the stairs because he was under the influence of alcohol, and there was no fact that the Defendant was lying down the door on the track or putting the body on the train, as stated in the facts charged in the instant case.

Since the defendant's act cannot be deemed as a dangerous act to the extent that it obstructs the traffic of the train, it does not constitute a constituent element of Article 186 of the Criminal Act.

In addition, the defendant did not have the intention to obstruct the traffic of trains.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

The prosecutor (unfair punishment) sentenced by the court below to the defendant (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unfluent and unfair.

Judgment

As to the defendant's assertion of misunderstanding of facts, the defendant argues that the defendant did not constitute a constituent element of this crime because he did not conduct an act on the line as a reason for appeal, and that the act such as sitting on a sloping stairs does not constitute a dangerous act to the extent that it does not interfere with the train traffic.

On the other hand, the court below rejected the above assertion by stating in detail the arguments of the defendant and his defense counsel under the title 2 of the "decision on the argument that does not constitute a requisite element" among the "decision on the argument of the defendant and his defense counsel" in the judgment of the court below, with the same argument as the grounds for appeal in this part.

The following circumstances recognized by the court below based on the evidence duly adopted and investigated by the court below, i.e., the distance between the train and platform is significant.

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