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(영문) 서울중앙지방법원 2017.01.19 2016노4493
특수폭행등
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (crime 1 as stated in the judgment below: Imprisonment with prison labor for 6 months, and crime 2 as stated in the judgment below: fine of 3 million won) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. In full view of the circumstances favorable to the defendant taken into account by the court below (a confession and reply, the degree of interference with duties is not serious in relation to the violation of the Railroad Safety Act as stated in the judgment of the court below, and the equality with the case to be tried at the same time as the criminal facts in the judgment of the court below which became final and conclusive in relation to the same crime and ex post concurrent crimes) and unfavorable circumstances (the punishment of fines, etc. has been committed several times, and in particular, the special assault crime No. 1 in the judgment of the court below is punished by a suspended sentence for imprisonment with prison labor due to the criminal facts in the same kind of judgment of the court below, which is more likely to be subject to criticism because the defendant was sentenced to a suspended sentence for a crime of the same kind of crime, the method of the crime, damage is more serious, the result of the crime related to the above special assault, and the victim tried to punish the defendant with severe punishment, and there is no other special change of circumstances that can change the sentence of the defendant's age, sex, environment, and circumstances after the crime.

3. The appeal by the prosecutor of the conclusion and the defendant 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.

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