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(영문) 서울중앙지방법원 2015.05.15 2015노605

일반교통방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and one year of suspended execution) of the first instance shall be deemed too unhued and unreasonable;

2. The fact that the judged defendant has been punished for the same kind of crime several times, and that the defendant committed each of the crimes of this case at the same time during the period of probation is disadvantageous to the defendant.

However, the Defendant was merely a simple participant of each assembly or demonstration of this case and did not lead to any general traffic obstruction.

In addition, in full view of the defendant's age, character and conduct, environment, motive, means, details, results, and all the sentencing conditions shown in the records and pleadings, the first instance sentence is too unfeasible and unfair.

The prosecutor's assertion is without merit.

3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is reasonable.