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(영문) 서울중앙지방법원 2014.11.13 2014노3385
일반교통방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) of the lower court’s sentencing is too unreasonable.

2. The judgment of the grounds for appeal is divided in depth into the defendant's error, has a sufficient economic aspect, and the health condition is not good.

However, even though there are many criminal charges, the Defendant committed the instant crime for a considerable period of time with 1,50 participants of other demonstrations while occupying the city road along with 1,500 participants of other demonstrations, and controlling them, and therefore, the Defendant committed the instant crime for a considerable period of time and caused a large inconvenience to the general public.

Although a summary order of KRW 1,50,000 was issued, the court below sentenced a fine of KRW 1 million in consideration of the favorable circumstances for the defendant, and there is no special change or change in the circumstances that may be newly considered in sentencing after the sentence of the court below.

In full view of other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., as seen in the instant pleadings and records, it is not recognized that the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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