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(영문) 서울중앙지방법원 2014.12.19 2014노3440

일반교통방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of being arrested as a flagrant offender of the instant case, was at the scene of the photograph, and did not have participated in the assembly and demonstration of the instant case, and did not interfere with traffic by land in collusion with the participants of the demonstration.

B. The lower court’s sentence of unreasonable sentencing (fine 1.2 million won) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, and the statement that was made on the day of the arrest of police officers H by arresting the defendant as a flagrant offender, the surrounding circumstances before and after the arrest, the time and place of the defendant's arrest as a flagrant offender (the defendant was arrested before the Jongno-gu Seoul Jongno-gu Korea Exchange Bank at around 01:20, Jun. 29, 2008) and the specific circumstances at the time, etc., the defendant participated in the demonstration after self-determination and occupied the road along with other participants as stated in the judgment of the court below, thereby obstructing traffic on land.

Therefore, the defendant's assertion of mistake is without merit.

B. It does not seem that the Defendant had committed the instant crime in a planned and intentional manner on the assertion of unfair sentencing.

Meanwhile, taking into account such circumstances, the lower court appears to have sentenced to a more reduced sentence than the fine imposed by the summary order; the fact that there are no circumstances or changes in circumstances to be newly considered in the sentencing after the judgment of the lower court; the Defendant was punished for the same kind of crime; and other circumstances that form the conditions for the present argument and the sentencing as indicated in the record, including the Defendant’s age, character and conduct, environment, the process, motive, means and consequence of the crime; and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. Thus, the defendant's appeal is without merit.