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(영문) 서울중앙지방법원 2013.12.26 2013노3153

일반교통방해

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The sentencing of the lower court (the sentencing of the Defendant: KRW 300,000 of a fine) on the gist of the grounds of appeal is too unhued and unreasonable.

2. In full view of the following circumstances: (a) the Defendants reflects the Defendants’ mistake in depth; (b) the degree of participation in the commission of the crime is relatively minor; and (c) all the Defendants are primary offenders; and (d) the Defendants’ age, character, conduct, environment, details, motive, means and consequence of the crime; and (b) the circumstances after the crime were committed and the sentencing conditions indicated in the instant arguments and records, such as the circumstances after the crime were committed, the lower court’s delay of the sentence of a fine of KRW 300,000 to the Defendants is deemed unreasonable, and thus,

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.