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(영문) 인천지방법원 2017.03.23 2016노3281
집회및시위에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (700,000 won) pronounced by the lower court on the gist of the grounds of appeal is deemed to be too unfilled and unfair.

2. The crime of this case is recognized that the defendant is present at an assembly held at a place where assembly is prohibited, and does not comply with the dispersion order, and that the defendant has been punished several times for the same crime.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant appears to have participated in the instant assembly as a simple participant; (c) the assembly of this case has not been deteriorated due to an excessive violent or required situation; and (d) the circumstance or motive leading up to the instant crime appears to have been somewhat taken into account; and (b) other circumstances that are the conditions for sentencing, such as the Defendant’s age, sex, motive, means and consequence of the instant crime; and (c) the circumstances after the instant crime, etc., the sentence imposed by the lower court is too unjustifiable and unreasonable.

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.

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