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(영문) 부산지방법원 2015.01.08 2014노3615
철도안전법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. Considering that the judgment of the accused has a large number of criminal records of the same kind of violence and has been punished one time for the obstruction of performance of official duties, each of the crimes of this case is also a crime of the same repeated crime period, and the Defendant did not receive a letter of suspicion from the victims, the Defendant should be sentenced to a strict punishment.

However, in full view of the following circumstances, i.e., the Defendant’s reflective and appears to have failed to restrain violent nature due to mental illness, such as bipolar disorder, and the actual damage compared to the intensity of violence was not so big compared to the intensity of violence, and other various circumstances, which are the conditions for sentencing as indicated in the instant case, such as the motive and circumstance of the instant crime, the Defendant’s age, character and conduct, and environment, are somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257(1) of the Criminal Act applicable to the relevant criminal facts, Articles 78(1) and 49(2) of the Railroad Safety Act, Article 136(1) of the Criminal Act, Article 366 of the Criminal Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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