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(영문) 청주지방법원 2017.06.16 2017노23
철도안전법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (three million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The judgment below seems to have determined punishment by taking account of the circumstances such as the Defendant’s interference with the performance of duties by railroad workers for the purpose of protecting the safety of railroads and maintaining order, confession and reflecting, the degree of violence is not severe, and there is no record of punishment for the same kind of crime.

When comprehensively taking into account the motive, background, result, the circumstances after the crime, the defendant's age, sexual conduct, records of punishment, etc. in the trial of the political party, as well as the matters on which the sentencing conditions have been attached, statutory penalty, sentencing guidelines, etc., the judgment of the court below exceeded the reasonable bounds of discretion.

There is no special circumstance that it is deemed unfair to maintain the judgment of the court below as it is, nor there is no special circumstance.

Therefore, the prosecutor's ground of appeal cannot be accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and it is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure, since it is obvious that the "in case of the crime No. 2 and No. 4" of the judgment of the court below is a clerical error in the " fishing shoulder," and thus, it is to be corrected ex officio in accordance with Article 25

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