The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The place where the occurrence of the instant case by misapprehending the legal principles is a place where there is no direct relation with the safe operation of railroads, and there is no hindrance to the safe operation of trains due to the Defendant’s act. As such, such an act of the Defendant cannot be punished as a violation of the Railroad Safety Act, not a assault under the Criminal Act, and this goes against the principle of excessive prohibition under the Constitution

B. The sentence of the lower court (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of legal principles, the Railroad Safety Act provides that a person using a train or railroad facility shall follow the directions of railroad workers for the safety, protection, and maintenance of order of railroads (Article 49(1)). Article 49(2) provides that any person who obstructs the performance of duties by railroad workers by assault or intimidation shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won (Article 49(2)). Meanwhile, “railroad workers” under the Railroad Safety Act includes not only those engaged in driving or traffic control of rolling stock, but also those who provide passenger services and services, and “railroad facilities” includes station facilities (including distribution facilities, exchange getting facilities, convenience facilities, etc.) (Article 2 subparag. 3 and 10 of the Railroad Safety Act, Article 3 subparag. 2 of the Framework Act on Railroad Industry Development). According to evidence duly adopted by the lower court, the “railroad workers” under the Railroad Safety Act includes a man’s cell line with the Defendant’s cell line, which can be found as one’s cell line with his/her cell line.