beta
(영문) 서울중앙지방법원 2016.01.07 2015노3540

일반교통방해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (2 million won in penalty) is too unreasonable in light of the gist of the grounds for appeal.

2. Although there are extenuating circumstances such as the fact that the defendant is a student and the economic situation is not good, it appears that the court below determined the punishment by reducing the fine amount of three million won under the summary order by the amount of the fine under its consideration at the court below, and there are no special circumstances to change the punishment at the court below.

In addition, comprehensively taking account of various circumstances revealed in the records and arguments, such as the size of the assembly or demonstration in which the defendant participated, the time and degree of interference with general traffic, the records of the defendant's punishment for the same kind of crime, the circumstances after the crime, the defendant's age, sexual conduct, environment, motive, means and result of the crime, etc., the sentencing of the court below is determined within the reasonable and appropriate scope and is not deemed unfair.

Therefore, the defendant's assertion is not accepted.

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