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(영문) 대구지방법원 2020.07.21 2019노3146

일반교통방해방조등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. The lower court determined that the instant crime is highly dangerous to unspecified citizens, and the nature of the instant crime is bad, and there is a high possibility of criticism by the Defendant during the suspended execution period due to robbery, etc., but determined punishment by comprehensively taking account of the following factors: (a) the Defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the instant crime; and (b) the Defendant’s commission of and against the same crime; and (c) the Defendant’s commission of and against the commission of the same crime; and (d) the sentencing conditions

The judgment below

There is no special circumstance or change in circumstances that can be considered in the sentencing newly after the pronouncement, and considering the various sentencing conditions in the records and arguments of this case, it does not seem that the sentence of the court below was too unhued and exceeded the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

[However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, the "(s)" shall be added to the column for aggravation of concurrent crimes (within the scope of the sum total of the amounts of the above two crimes) ex officio in the application of the