(영문) 서울고등법원 2020.01.16 2019노2361 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2020.01.16 2019노2361

전차교통방해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the defendant (ten months of imprisonment) is excessively unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfasible and unfair.

2. The Defendant, while driving away away away unspecified female passengers, was in a threat, and had the passengers stop the subway used by the general public.

Even after the subway trains stop, the defendant acted to cause fears to many passengers.

As a result, there was a significant obstacle to the traffic of electric vehicles, and there was an accident in which some passengers fall into the line in the course of the damage escape of the defendant.

The crime of this case, which appears in the method, result, etc. of such crime, cannot be deemed to be light.

The above is the circumstances unfavorable to the defendant.

On the other hand, the Defendant showed anti-discrimination while attempting to commit the instant crime.

There is no history that the defendant has been punished by a fine or heavier punishment.

It is difficult to regard that the operation of electric vehicles actually interfered with is about 12 minutes, and it is very long time.

Defendant

It did not reach the opening of the entrance by itself.

above is the circumstances favorable to the defendant.

(A) In addition, the Defendant’s defense counsel has committed the instant crime in a contingent manner. However, it is difficult to deem such motive elements as favorable or unfavorable to the Defendant as constituting a sentencing factor. In full view of the various circumstances indicated in the instant records and arguments, including the Defendant’s age, occupation, character and conduct, home environment, and circumstances after the commission of the crime, the sentence imposed by the lower court cannot be deemed as excessively heavy or unreasonable.

The defendant and prosecutor's argument of unfair sentencing is not acceptable.

유사 판례

-울산지방법원 2019.07.25 2019노533

-서울고등법원 2019.08.16 2019노909

-서울고등법원 2019.11.21 2019노822

-서울고등법원 2019.10.31 2019노1799

-서울고등법원 2019.01.10 2018노2737