logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.03.21 2013노406
집회및시위에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (300,000 won of a fine) is too unhued and unreasonable.

2. We examine the judgment on the grounds of appeal, and there is a record of not only the defendant's attendance at several times of demonstration but also the defendant's conviction for violation of the Assembly and Demonstration Act.

However, in full view of the following circumstances: (a) the Defendant was present at the assembly as stated in the facts charged in the instant case; (b) the Defendant appears to have not yet reached an act of assaulting a police officer; (c) the Defendant has yet to form his own values; (d) the Defendant is a university student who is under the age of forming his own values; (e) recognized all of each of the crimes in the instant case; and (e) again, the Defendant is able to refrain from committing such crimes; and (e) there is no power other than being sentenced to the judgment of suspended sentence; and (e) other circumstances that form the conditions for the argument and sentencing as indicated in the record of the instant case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) other circumstances, including the circumstances asserted by the Prosecutor as the grounds for appeal, it is not recognized that the sentence imposed by

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 ground that it is without merit. It is so decided as per Disposition.

arrow