철도안전법위반
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The Defendant alleged a mistake of facts by the Defendant did not assault the victim, such as influoring C’s right hand.
B. 1) The Prosecutor’s assertion of unfair sentencing by the lower court (one million won of fine) is too unreasonable and unfair. 2) The Prosecutor’s assertion of unfair sentencing by the lower court is too uneasible and unfair.
2. Determination on the grounds for appeal
A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the court below's determination of guilty of the facts charged of this case as stated in the judgment below is just and it is not erroneous in the misapprehension of facts.
Therefore, this part of the defendant's assertion is rejected.
B. We examine both parties’ assertion of unfair sentencing with respect to the defendant and prosecutor’s assertion.
In light of the circumstances, such as the fact that the defendant committed the same kind of crime even though he/she had been punished several times as a crime related to violence, and that the defendant committed the crime of this case against the control of a railroad security officer in the course of performing his/her duties and assaulted by a railroad security officer, etc., the defendant's liability is not somewhat minor; however, the defendant's degree of assault of this case is relatively minor; the defendant has no record of punishment exceeding the fine; and other circumstances that form the conditions for the argument and the judgment specified in the record of this case, such as the defendant's age, character and behavior, environment, details, motive, means and consequence of the crime; and the circumstances after the crime, etc., the sentence imposed by the court below is deemed reasonable; and it
Therefore, the defendant and prosecutor's argument are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor 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.