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(영문) 서울중앙지방법원 2016.04.29 2015노3120
일반교통방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The first deliberation penalty (one million won in penalty) on a summary of the grounds for appeal is deemed to be too unhued and unfair.

2. It seems that a considerable time of traffic flow was impossible due to the crimes of general traffic obstruction committed by each of the defendants 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 that there is no particular criminal history other than a fine prior to a different type of crime, and other various circumstances, such as the defendant's age, sexual conduct, environment, motive, background, means and method of the crime, circumstances after the crime, etc., as well as the sentencing conditions indicated in the present arguments and records, it cannot be acknowledged that one deliberation sentence is too unfeasible 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.

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