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(영문) 의정부지방법원 2018.06.12 2018노177

일반교통방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution) is too unfased and unreasonable.

2. In determining the motive and specific attitude of the instant crime, the nature of the crime is not good.

Due to the defendant's act, victims suffered inconvenience for a long time.

This is disadvantageous to the defendant.

However, the Defendant recognized and reflected the instant crime, and removed the obstacles installed by himself.

The defendant was sentenced to a fine of KRW 100,000 due to a violation of the Act on the Establishment of Local Reserve Forces in 1989, and a fine of KRW 700,000 due to a violation of Road Traffic Act in 202, and there was no criminal record other than the punishment.

This is the circumstances favorable to the defendant.

In full view of the circumstances indicated in the records such as these circumstances, Defendant’s age, sex and environment, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.