일반교통방해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the suspended sentence of two million won in penalty) is too uneased and unfair.
2. The act of occupying a general road should be punished corresponding to the act of causing great inconvenience and damage to the people. However, the defendant is a first offender with no record of crime, although the assembly of this case was accompanied by violence, although the defendant had exercised direct violence.
Unless there are other circumstances to view, considering the Defendant’s age, sex, environment, motive and background leading to the instant crime, means and consequence of the instant crime, etc., the lower court’s punishment is too unfasible and unreasonable, and thus, the Prosecutor’s assertion is without merit.
3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.