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(영문) 수원지방법원 2017.01.13 2016고합457
기차교통방해
Text

The defendant shall be innocent.

Reasons

1. On July 2, 2016, the Defendant: (a) on the water station located in Suwon-si on the water station located in Suwon-si on July 2, 2016, the Defendant delayed the departure of the train for about four minutes and forty-two seconds of the train, thereby interfering with the traffic of the train by delaying the departure of the train for about four minutes and forty-two seconds of the train.

2. The gist of the defendant's defense counsel's assertion is recognized that the defendant acted as stated in the above facts charged.

However, the crime of interference with traffic in a train under Article 186 of the Criminal Act is punished for the act of destroying a track, light, or sign or interfering with traffic in a train by any other means. The above "other means" refers to at least an act equivalent to damaging a track, light, or sign. Thus, the act as stated in the above facts charged by the defendant does not constitute interference with traffic in a train by any other means stipulated in Article 186 of the Criminal Act.

3. Determination

A. Article 186 of the Criminal Act provides, “A person who damages a track, light, or sign, or commits any other act interfering with traffic of a train, etc. by other means, shall be punished by imprisonment with prison labor for not less than one year.”

This is an offense in which the protection of traffic safety of trains, electric trains, automobiles, ships, or aircraft, which are important means in modern society, is the legal interest of protecting the traffic safety of such persons. The purpose of this is to punish all acts making it impossible or considerably difficult to carry on trains, etc. by destroying or destroying tracks, light tracks, or signs or by other means, and the term "other methods" here is equivalent to the degree of damage to tracks, lights, or signs.

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