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(영문) 부산지방법원 2013.04.04 2012노3964

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 million won of fine) is too unreasonable.

2. Although the Defendant was a primary offender, the instant crime is deemed to be too heavy, considering the following factors: (a) the Defendant used train crew to restrain a disturbance from the railroad platform in which a large number of traveling and traveling trains frequently have the risk of safety accidents and to the safe place; (b) obstructed the performance of duties of railroad workers; and thus, (c) the nature of the relevant crime is not negligible; (d) the Defendant significantly reduced a fine for a summary order (3 million won) in consideration of the Defendant’s difficult economic circumstances; and (e) other various circumstances, such as the background of the instant crime, the Defendant’s age, character, conduct, and environment, which are the conditions for the sentencing specified in the instant case, the sentence imposed by the lower court cannot be deemed to be excessive.

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