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(영문) 서울중앙지방법원 2014.08.14 2014노2036
철도안전법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (two years of suspended execution in six months of imprisonment, and eight hours of probation and community service) is too unreasonable.

2. There are extenuating circumstances such as the fact that the Defendant’s decision on the grounds of appeal reflects the wrongness of the Defendant, and that the Defendant agreed with the victim.

However, in full view of the following circumstances, the Defendant had been already punished 13 times (2 times of actual punishment, 10 times of suspended sentence, and 10 times of fine) due to the same crime, and the lower court has determined the sentence by taking into account the aforementioned circumstances favorable to the Defendant, and there is no change in the circumstances or circumstances that may newly be considered in the sentencing after the sentence of the lower judgment was rendered. In addition, considering the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances that form the conditions for the pleadings and the sentencing indicated in the records, such as the circumstances after the crime was committed, the lower court did not admit the Defendant’s assertion, since

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

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