beta
(영문) 수원지방법원 2014.02.13 2013노5521

집회및시위에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court against the Defendants in the summary of the grounds for appeal is too unfasible and unreasonable.

2. In full view of various circumstances, including the Defendants’ recognition of the instant crime and the degree of deviation from the place of assembly of this case is relatively minor, Defendant A and C did not have any criminal record other than one fine, and Defendant B, D and E are the primary offenders, etc., the lower court’s sentencing conditions, such as age and happiness environment, cannot be deemed unreasonable since it is too unreasonable to the extent that the lower court’s sentencing should be reversed. Accordingly, the Prosecutor’s assertion is rejected.

3. According to the conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit (However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the part of "Article 16 (4) 2" of the "relevant Article on the facts of crime" of Defendant A among the application of the law of the judgment below is corrected to "Article 16 (4) 3", and it is so decided as per Disposition.