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(영문) 서울중앙지방법원 2017.02.10 2016노4535

일반교통방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence sentenced by the first instance court of the summary of the grounds for appeal (unfair sentencing) (hereinafter “the penalty amount of KRW 3,000,000”) is too uneased and unreasonable.

2. In the instant case where there is no change in the sentencing conditions that may be specifically considered in the appellate court’s judgment, taking into account the various circumstances, which include the Defendant’s age, sex, environment, motive, means, and consequence of the crime, and the circumstances after the crime, it is difficult to deem that the sentence imposed by the first instance court is too unreasonable, as it goes beyond the scope of the sentencing discretion, and is too unreasonable.

Therefore, the prosecutor's above argument of sentencing is not accepted.

3. The Prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.