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(영문) 서울중앙지방법원 2019.05.10 2018노2896
항공보안법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 20 million) of the lower court is too unreasonable.

2. The judgment of the defendant committed an act of disturbance, such as taking passengers and crew at a large amount on board the aircraft on board and five occasions on board the aircraft in flight.

The above act of the defendant in the aircraft, which is an enclosed space, could interfere with the safe operation of the aircraft, and may cause serious harm to human life or property, and at the time, crew or passengers were flicked and flicked.

However, the defendants recognize and reflect all their mistakes.

In addition, the Defendant was diagnosed by “one form of stimulative disorder and stimulative disorder at a medical institution on March 27, 2017, which was immediately after the instant crime.” The instant disease appeared in the form of periodically stimulated and unstable psychology, real sense of reality, and concentrative disorder in daily life, due to the type of stimulative disorder and depression.

The Defendant had attended the University in the U.S. before two weeks prior to the instant crime, and had returned to the Republic of Korea for the treatment of him, such as symptoms such as a reduction of season, etc., and led to the instant crime in a psychological unstable and unexpected state due to long time flight.

If we look at the witness's statements, etc. of the crime of this case, the above disease of the defendant at the time of the crime of this case seems to have occurred.

After committing the instant crime, the Defendant has been under the drug and counseling treatment for the said disease, and is endeavoring to prevent the crime.

There is no criminal records of the same criminal power or violence tendency against the defendant.

In addition, taking full account of all circumstances that form the conditions for sentencing as shown in the pleadings, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, a summary order is issued.

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