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(영문) 서울동부지방법원 2015.09.04 2015노494

일반교통방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court against the Defendant is too unreasonable.

2. The crime of this case is recognized that the crime of this case obstructs the general traffic by occupying all lanes of 40 minutes during the assembly, and that the crime of this case is not less severe, and that the defendant has the power to be sentenced once to a fine for the same crime.

However, the defendant has actively led the crime except for the previous conviction, and the defendant has actively led the crime.

In full view of the fact that it is difficult to see or have planned the sentence, the balance of sentencing with the same kind of case, and other various circumstances that are conditions for sentencing, such as the defendant's age, career, environment, etc., the lower court's sentence is too unreasonable.

3. Thus, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the defendant's appeal is judged as follows.

[Discied Judgment] The criminal facts as stated by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws and Articles 185 and 30 of the Criminal Act concerning facts constituting an offense. Article 185 and 30 of the Criminal Act:

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