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청주지방법원 2015.09.24 2015노505

철도안전법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended sentence, two years of probation, and eight hours of social service) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant led to the instant crime, and is against himself.

The defendant is a person who has been judged on the fifth degree of disability due to knee-path disability, and supports the second degree of speech disability.

The Defendant, who was scam for a difficult living, seems to have brought about the instant crime.

However, there are the following disadvantageous circumstances for the defendant.

The extent of the Defendant’s assault is not easy, but the Defendant did not reach an agreement with the victim.

In addition to the punishment of a fine of KRW 2 million in October of 2012, the Defendant again committed the instant crime even though he/she had been sentenced to a fine of KRW 3 times for the violent crime, with the history of committing the instant crime in spite of the fact that the Defendant was sentenced to a fine of KRW 2 million.

In addition, in full view of the Defendant’s age, character and conduct, motive and background, means and consequence of the crime, circumstances after the crime, and criminal records, all the sentencing conditions indicated in the instant arguments and records, such as the criminal records, the lower court’s punishment is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.