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(영문) 서울중앙지방법원 2015.11.06 2015노3284

일반교통방해

Text

The judgment of the first instance is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., the sentencing of the first instance court (a fine of 4 million won) on the accused is too uneased and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, each of the general traffic obstruction in the judgment of the court of first instance is in a concurrent crime under the former part of Article 37 of the Criminal Act. Thus, despite the fact that the punishment is set within the scope of a limited term of punishment under Article 38(1) of the Criminal Act, the court of first instance, while recognizing the conviction of each of the above crimes, has an error of omitting the weight of concurrent crimes.

Therefore, the first instance judgment can no longer be maintained.

3. As such, the judgment of the first instance is reversed under Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the entries in the relevant column of the judgment of the court of first instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

(However, “the photographic data of a person holding a meeting” shall be construed as “the photographic data of the person holding the meeting,” and “the report on the status of the National Assembly on February 23, 2012” shall be construed as “the report on the status of the National Assembly on February 23, 2013,” respectively. statutory application applies.

1. Relevant Article 185 of the Criminal Act and Articles 185 and 30 of the Criminal Act concerning criminal facts, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the circumstances leading to the defendant in this case, the degree of the crime, the previous conviction and other various conditions of sentencing, including the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, and the sentence against the defendant shall be determined as ordered