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A defendant shall be punished by a fine of 600,000 won.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On March 26, 2013, around 19:20 on March 26, 2013, the Defendant: (a) committed assault, such as assaulting the victim’s left hand hand to the right hand hand hand hand, and interfered with legitimate execution of duties, such as passenger instruction, etc., by a railroad worker; and (b) obstructed the performance of duties.
Summary of Evidence
1. Each legal statement of witness E and F;
1. Application of the Acts and subordinate statutes in which investigation reports are entered;
1. Article 78 (1) and Article 49 (2) of the Railroad Safety Act applicable to the relevant criminal facts and Articles 78 (1) and 49 (2) of the Election Safety Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The alleged defendant merely spreaded the victim's hand to resist by keeping the victim away from the defendant, and thus, it constitutes self-defense or legitimate act. Thus, illegality is dismissed.
2. According to the evidence examined above, the defendant's act does not constitute self-defense or legitimate act, even though the victim did not have to leave the chest of the defendant. Thus, the defendant's act cannot be viewed as an act of defending the victim's unjust act, and it is difficult to view that the defendant's act is within the passive resistance.
Therefore, we cannot accept the arguments of the defendant and his defense counsel.