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(영문) 전주지방법원 2015.11.06 2015노1038
집회및시위에관한법률위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (each suspended sentence for the accused) is too unhued and unreasonable.

2. While the Defendants participated in the assembly of public transportation labor unions, Defendant B moved beyond the line of order installed by the police while Defendant C and F used the police as a demonstration unit, and the nature of the crime is somewhat weak.

However, in light of the fact that the Defendants led to the instant crime and made mistake against the Defendants, the Defendants appears not to have been in charge of the leading role of the instant crime as a member of the public transportation labor union, the Defendants did not have any record of criminal punishment for the same crime, and all other factors of sentencing as indicated in the instant argument, including the Defendants’ age, character and behavior, family environment, etc., it is not recognized that the sentence of the lower court is too unreasonable.

Therefore, prosecutor's assertion is not accepted.

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

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