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(영문) 서울중앙지방법원 2015.09.17 2015노2163

일반교통방해

Text

The prosecutor's appeal is dismissed.

Reasons

The Prosecutor asserts that, on the grounds of the instant appeal, the lower court’s sentence (700,000 won of fine) against the Defendant is too unhued and unreasonable.

In full view of all the above circumstances, the sentencing of the court below is unreasonable because it goes beyond the reasonable scope of discretion and is too unreasonable, in light of the following circumstances: (a) the background and method of the Defendant’s crime in this case; (b) the degree of participation and motive for the crime; (c) the degree of traffic obstruction; and (d) the age, character and conduct, career, home environment, and the history of punishment, etc. of the Defendant; and (b) the overall circumstances that form the conditions for sentencing as shown in the record and the oral argument

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.