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(영문) 서울중앙지방법원 2015.10.15 2014노3922

일반교통방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of various circumstances in light of the gist of the grounds for appeal, the sentence imposed by the lower court (1.5 million won of a fine) is too unhued and unreasonable.

2. Although the Defendant repeatedly committed each of the crimes of this case, the Defendant was guilty of having no previous conviction, the degree of participation in each of the assemblies and demonstrations of this case is relatively minor, the motive and circumstances leading up to the Defendant’s participation in the assembly of this case, the importance of freedom of assembly and demonstration, which are fundamental rights under the Constitution, should be taken into account, and there is no change in the overall circumstances that form the conditions for various sentencing indicated in the records, such as the Defendant’s age, character and conduct, and environment, compared to the original judgment. Taking full account of all of the above circumstances, the lower court’s sentencing cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal is groundless.

(However, the judgment of the court below on the 3th page 12 of the judgment of the court below is clear that the "in collusion with the demonstration participants" is a clerical error of "in collusion with the demonstration participants," and thus, it is corrected ex officio in accordance with Article 25 (1) of the