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(영문) 서울서부지방법원 2017.06.15 2017노398

일반교통방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the suspended sentence: a fine of three million won) is too unhued and unreasonable.

2. It is recognized that the instant crime interferes with the traffic of a vehicle by occupying the vehicle with the participants in the assembly at the discretion of the defendant while occupying the vehicle at the discretion of the participant in the assembly.

However, in full view of various sentencing conditions shown in the pleadings of this case, including the Defendant’s age, sex, environment, and circumstances after the crime, the Defendant is a primary offender with no record of criminal punishment, the circumstances leading up to the Defendant’s commission of the instant crime, and the degree of participation in the crime, as well as the degree of involvement in the instant crime, the lower court’s punishment is too uneasible and unfair. Thus, the prosecutor’s assertion is without merit.

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.