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(영문) 서울중앙지방법원 2017.11.24 2017노3412
철도안전법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine both of the judgment’s unfair argument of sentencing.

The extent of the assault in this case is relatively minor and the damage therefrom is not significant is favorable to the defendant.

However, there is no circumstance that the defendant has already been punished several times for the same crime, and even during the repeated crime due to a special assault, he again committed the crime of this case and agreed with the victims.

In the instant case where there is no change in circumstances that could change the sentence of the court below in the appellate trial, considering the Defendant’s age, sexual conduct, environment, motive, means, consequence, and circumstances after the crime, the records of this case, including the Defendant’s age, sexual conduct, motive, means, and consequence, and the circumstances after the crime, the circumstances alleged by the Defendant and the Prosecutor on the grounds of appeal cannot be considered as undue or unreasonable.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor cannot be accepted.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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