집회및시위에관한법률위반등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court’s sentencing (a fine of one million won) is deemed to be too unhued and unfair.
2. It seems that the Defendant’s crime of this case, based on the judgment on the grounds of appeal, was unable to ensure a considerable time of traffic flow, or significantly difficult to ensure traffic flow, and that the Defendant caused substantial inconvenience to the general public.
However, the Defendant is the first offender with no criminal power, and it does not seem that he actively led or planned the instant crime on the record.
In full view of other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., as seen in the instant pleadings and records, it is not recognized that the sentence imposed by the lower court is too unjustifiable, and thus, the prosecutor’s assertion is without merit.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.