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(영문) 수원지방법원 2017.06.22 2016노7099

일반교통방해

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. The appellant against the defendant's appeal shall submit a statement of reasons for appeal to the appellate court within 20 days from the date he/she receives the notice of the records of trial (Article 361-3(1) of the Criminal Procedure Act), and in cases where the reason for appeal is not submitted within that period, the appellate court shall dismiss the appeal by decision, unless there is any reason to ex officio examination, or the reason for appeal is specified in the petition of appeal (Article 361-4(1) of the same Act). The defendant is not required to submit a statement of reason for appeal within the period for submission of due reason for appeal, and the petition of appeal does not include the reason for ex officio examination of the appeal, and no reason exists even if the records are examined.

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (unfair sentencing) is as follows: (a) the Defendant’s crime of this case is deemed unreasonable in light of the following: (b) the Defendant’s punishment of the lower court that sentenced KRW 1,500,000, is too uneasible to the Defendant, on the grounds that it is difficult to commit the crime of this case in combination with the demonstration team of “the 201.14.14.14.14.11.14.12, the Defendant, along with the participants of the assembly, occupied in the form of a third class and obstructed traffic by driving along the third class; and (c)

B. In full view of the circumstances alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too uneasible and unfair, and thus, the above assertion is without merit. In so doing, the lower court’s judgment did not err by misapprehending the legal doctrine on the grounds of appeal. In so doing, it did not err by misapprehending the legal doctrine on the grounds of appeal.

3. Since the appeal by the prosecutor in conclusion is without merit, it shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the appeal by the defendant shall be dismissed in accordance with Article 361-4(1) of the Criminal Procedure Act, or the appeal by the prosecutor shall be dismissed in accordance with the above decision.