The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In light of the legal principles, the defendant's assaulting the victim; however, prohibiting the victim from using the bicycle in the subway does not constitute a crime of violation of the Railroad Safety Act, since it is not a legitimate execution of duties.

B. The Defendant had no intention to interfere with legitimate execution of duties because he resisted against the victim’s unfair performance of duties.

C. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. Article 78(1) of the Railroad Safety Act provides that “any person who obstructs the performance of duties by a railroad worker due to violence or intimidation in violation of Article 49(2) shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 50 million won,” and Article 49(2) of the Railroad Safety Act provides that “any person shall not interfere with the performance of duties by assault or intimidation,” and the crime of violating the said Railroad Safety Act is established only when the performance of duties by a railroad worker is legitimate. Therefore, if a railroad worker committed assault or intimidation during the process of refusing the lawful performance of duties by a railroad worker, the crime of violating the said Railroad Safety Act is not established.

Comprehensively taking into account the evidence duly admitted and examined by the court below, the following circumstances are as follows: ① the defendant, carrying a contact bicycle and attempted to enter an airport railroad in the C Station 2 transfer path; ② The Railroad Service Center D found it and offered guidance to the defendant, after the defendant's access to the airport, to use a contact-type bicycle in the airport railway, he must contact with the defendant and make it impossible to use the airport railway without contact; and the time of attendance is likely to cause many passengers to get on board after obtaining approval from the upper part, and thus, the defendant will be able to get him on board after obtaining approval from the upper part.