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(영문) 서울중앙지방법원 2017.01.20 2016노4101
일반교통방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the punishment sentenced by the first instance court (unfair sentencing), the defendant asserts that the above punishment is too unafford, and the prosecutor is too unafford and unfair because the above punishment is too unafford.

2. In the instant case where there is no change in the sentencing conditions that may be specifically considered for the first time in the appellate trial, in full view of the Defendant’s age, sex, environment, motive, means, and consequence of the crime, etc., it is difficult to deem that the first instance sentence is too heavy or unreasonable because it exceeds the sentencing discretion, and is too heavy or frighted.

Therefore, the above unfair sentencing argument by the defendant and the prosecutor cannot be accepted in all.

3. Conclusion, pursuant to Article 364(4) of the Criminal Procedure Act, all appeals filed by the defendant and the prosecutor are dismissed.

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