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(영문) 서울중앙지방법원 2015.04.17 2014노4558
철도안전법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not interfere with the performance of duties of railroad workers by assaulting the victim of mistake of facts.

B. The first instance of the unfair sentencing decision (one million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the first instance court on the assertion of mistake of facts, the fact that the Defendant assaulted the victim who is a railroad worker and interfered with the legitimate execution of duties relating to the maintenance of order can be fully recognized as stated in the first instance judgment.

The defendant's assertion of mistake is without merit.

B. As to the assertion of unfair sentencing, the instant case is not likely to commit an offense by assaulting railroad workers on duty under the uniform.

The defendant denies the crime and does not repent of wrongness.

In addition, in full view of the defendant's age, character and conduct, environment, criminal record, circumstances of crime, details, results, and all the sentencing conditions shown in the records and arguments, the first instance sentence is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit

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