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(영문) 서울중앙지방법원 2013.09.12 2013노2285

일반교통방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 1.5 million won) imposed by the lower court is too unreasonable.

2. There are extenuating circumstances such as the fact that the defendant recognized his mistake and reflecteds his mistake, that the defendant did not have any income as a student, and that the defendant was scheduled to enter in December of this year.

However, on the other hand, in light of the following circumstances: (a) the Defendant committed the instant crime several times; (b) the Defendant issued a summary order of KRW 3 million, but the lower court sentenced the Defendant to a fine of KRW 1,500,000 in consideration of the circumstances favorable to the Defendant; (c) there was no special change in circumstances or circumstances that may be considered in sentencing after the sentence of the lower judgment; and (d) other circumstances that form the conditions of the instant pleadings and the records, such as the Defendant’s age, character and behavior, environment, motive and background of the offense, means and method of the offense; and (e) the circumstances after the crime was committed, it is not recognized that the sentence imposed by the lower

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.