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(영문) 수원지방법원 2017.09.07 2016노7858

일반교통방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (1.5 million won in penalty) is too unhued and unreasonable.

2. It is recognized that the degree of traffic obstruction caused by the Defendant’s instant crime was considerable.

However, in full view of all the sentencing conditions in the records of this case, including the Defendant’s age, sexual conduct, environment, circumstances after the crime, etc., the lower court’s punishment is too unfeasible and unfair, and the prosecutor’s assertion is without merit, since it is not acknowledged that the Defendant’s punishment is too unfasible and unfair, in light of the following: (a) the Defendant led the assembly or actively gathered the crime of this case; and (b) the Defendant does not commit any unlawful act such as violence, etc. other than the crime of this case;

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.