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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (eight months of imprisonment) is too unhued and unreasonable.
2. The fact that the amount of the instant unfashion vehicle is not large by fraud, and that the degree of assault against railroad workers is not a hot letter is favorable to the defendant.
On the other hand, the following is disadvantageous.
Even though criminal punishment has been imposed several times due to frauds through the use of a rolling stock, the Defendant again committed the same type of act of non-performance of a rolling stock. Here, the Defendant committed the crime of assaulting railroad employees who perform legitimate duties concerning the maintenance of order of rolling stock.
The Defendant committed the instant crime during the period of repeated crime, for which two months have not passed since the Defendant was released.
In 2012, despite the criminal punishment of 10 months of imprisonment with labor due to the violation of the Railroad Safety Act, the train crew committed the instant crime of assaulting the employees of the gold railway again.
The Defendant stated to the purport that it seems natural for the Defendant to accept the instant crime without any money in the court of the first instance, and appears that he did not feel any awareness of the crime of this case, and cannot find any form that reflects the crime, and thus, it is necessary to realize the awareness of the offense through strict punishment.
In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is deemed to be too uneasible and unfair, and thus, the prosecutor’s assertion is reasonable
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
The application of legislation;