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(영문) 서울남부지방법원 2013.07.05 2013노710

집회및시위에관한법률위반등

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The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of 500,000 won) is too unhued and unreasonable.

2. In full view of the following: (a) Defendant, etc., who is a university student, may express their opinions and urge the preparation of a means to realize the anti-value registration fee issue; (b) deemed that there is no effective way to urge the Defendant to commit the instant crime; (c) there are circumstances that may be considered in the motive; (d) Defendant, etc. appears to not exercise violence in the course of assembly; (c) Defendant’s mistake is against his/her own mistake; and (d) other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) circumstances after the crime, etc., the lower

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