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(영문) 춘천지방법원 2018.09.07 2017노1101
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (700,000 won) is too unreasonable.

2. The determination of sentencing is based on statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the Defendant as an element favorable to the sentencing in the trial of the lower court have already been presented during the oral proceedings of the lower court, and there is no change of circumstances favorable to the sentencing criteria after the sentence of the lower court was rendered.

In the process of ascertaining the cause of breakdown in the signal control device section with frequent breakdowns and proposing resolution methods, the Defendant did not seem to have any other purpose to interfere with the operation of the train. The circumstances favorable to the Defendant are as follows: (a) the Defendant was a primary offender; (b) has been engaged in the signal control service; and (c) has been engaged in the signal control service for more than 20 years; and (d) the Defendant was engaged in the

However, the signal fishing ground of railroads is essential for the safe operation of trains, and therefore, it is possible to find out the cause of trouble.

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