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(영문) 서울중앙지방법원 2016.05.27 2015노4157
일반교통방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. It is unfair that the first deliberation type (one million won in penalty) of the summary of the grounds for appeal (unfair sentencing) is too unhued and unreasonable.

2. It seems that a considerable time of traffic flow was impossible due to the crimes of general traffic obstruction committed by the defendant on the board, etc., or significantly difficult for ordinary citizens to communicate the traffic.

However, on the record, the defendant actively led or planned the crime of this case.

In light of the fact that a simple participant participated in an assembly or demonstration, and the defendant has been punished twice as a single crime, but there are no other records of crime, and other various circumstances, including the defendant's age, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the first deliberation sentence is too uneasible and unfair.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

3. If so, 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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