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(영문) 서울중앙지방법원 2016.12.02 2016노3187

집회및시위에관한법률위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the first instance court is too unhued and unreasonable;

2. In the instant case where there is no particular change in the sentencing conditions that can be considered to the Defendant for the first time in the appellate trial, taking into account the various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, it is difficult to view that the sentence imposed by the first instance court is too unreasonable because it goes beyond the scope of the sentencing discretion.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

3. Conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.