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(영문) 인천지방법원 2018.07.06 2016노4006

일반교통방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because it is too unfasible to the sentence (1.5 million won in penalty) declared by the court below against the defendant.

2. The lower court determined that: (a) the freedom of assembly and demonstration is an important value guaranteed by the Constitution; (b) the role of the Defendant in charge of the instant crime appears to have not been led; and (c) the Defendant’s participation process and degree of participation; and (d) imposed a sentence against the Defendant in consideration of the following circumstances; and (b) the lower court’s comprehensive consideration of the sentencing conditions indicated in the record, such as the Defendant’s age, sex, environment, circumstances of the crime, and circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable.

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

참조조문