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(영문) 서울남부지방법원 2020.03.31 2019노2504
철도안전법위반등
Text

All judgment of the court below shall be reversed.

The defendant's attack, violation of the Railroad Safety Act, and damage to property.

Reasons

1. Summary of grounds for appeal;

(a) A prosecutor on the judgment of the court of first instance on the grounds of unfair sentencing (the original judgment: the violation of the Railroad Safety Act, the crime of causing property damage, the crime of assaulting July 3, 2019 as indicated in the judgment of the court of first instance - Imprisonment with prison labor for eight months, August 26, 2019 as indicated in the judgment of the court of first instance, and each assault committed on September 1, 201 -

B. As to the judgment of the court below Nos. 2 and 3, the defendant: Imprisonment with prison labor of the court below (Article 2: 4 months, 3. - imprisonment with prison labor of the court below)

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the defendant's claim of mental disability, the defendant was found to have suffered stimulative disorder at the time of committing each crime in the judgment of the court below Nos. 2 and 3, and was in a state of drinking, but it does not seem that the defendant had the weak ability to discern things or make decisions. Thus, the above assertion by the defendant is without merit.

B. An ex officio determination: (a) ex officio, the lower court rendered a separate judgment as to the Defendant’s violation of the Railroad Safety Act, the crime of causing property damage, the crime of assaulting July 3, 2019, the crime of causing property damage as indicated in the judgment of the lower court, and the crime of causing property damage as indicated in the judgment of the lower court; and (b) rendered a separate judgment as to the crime of assault and insult as indicated in the judgment of the lower court and the crime of insult as indicated in the judgment of the lower court.

However, in the trial of the political party, the above crimes (the violation of the Railroad Safety Act, the crime of causing property damage, the crime of assault on July 3, 2019, the crime of assault on July 2, 2019, the crime of causing property damage in the decision of the court below, and the crime of assault on August 26, 2019, the crime of assault on September 1, 2019, and the crime of insult on September 3, 2019 as stated in the decision of the court below) have to be tried concurrently and tried at the same time, and each of the above crimes has to be sentenced to a single punishment at the same time in accordance with Article 38(1) of the Criminal Act, since the judgment of the court below cannot be maintained

3. As such, the Criminal Procedure Act does not require further determination on the prosecutor's and the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.

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