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(영문) 부산지방법원 2013.04.25 2012노4139

집회및시위에관한법률위반등

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (the suspended sentence of a fine of one million won) is too unfluent and unfair.

Judgment

However, the crime of this case was committed by the defendant without permission with other participants in the military assembly, and did not comply with an order of dissolution several times, which is a national security facility. However, since other participants already occupied the military shipbuilding station, the defendant has participated in a meeting in a peaceful way without any specific violence without any specific violence, according to the D's final agreement between labor and management, there is no history of criminal punishment other than fines due to the violation of the Road Traffic Act, the defendant has no history of being sentenced to criminal punishment, and other various circumstances, such as the motive and circumstance of the crime of this case, the circumstance after the crime, the defendant's age, character and conduct, environment, equality with similar cases, etc., the sentencing of the court below is too unreasonable.

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