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(영문) 서울중앙지방법원 2015.09.24 2015노2006

일반교통방해

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not submit the grounds of appeal within the deadline for submitting the legitimate grounds of appeal.

B. In light of the various circumstances of the inspection, the sentence of the lower court (a fine of two million won) is too unhued and unreasonable.

2. Determination

A. On May 21, 2015, the Defendant filed a petition of appeal on May 21, 2015, and received the notification of the receipt of the trial records on August 20, 2015, the Defendant did not submit the grounds for appeal within the lawful period for submission of the appellate brief.

The grounds for ex officio investigation can not be found even after examining ex officio the grounds for appeal asserted after the deadline for submission of the grounds for appeal expires.

Therefore, in accordance with Article 361-4(1) of the Criminal Procedure Act, a decision to dismiss an appeal by a defendant should be made, but as long as a judgment is rendered on the appeal by a public prosecutor, a decision to dismiss an appeal should not be made separately

B. Although the prosecutor's grounds for appeal have the same power as to the prosecutor's grounds for appeal, in the court of the trial, the defendant expresses his intent to make efforts to exercise the right of assembly and demonstration within the limit of law and order in the future. In addition, there is no change in the circumstance and motive leading up to this case, circumstances after the crime, the defendant's age, character and conduct, environment, etc. compared to the court below, and when considering all the above circumstances, the court below's sentencing cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion, and thus, the prosecutor's assertion is without merit.

3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since it is without merit.