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(영문) 서울남부지방법원 2013.04.04 2012노1843
집회및시위에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the reasons for appeal by the prosecutor is that the sentence of the judgment of the court below (the grace period, the suspended penalty of 300,000 won) is too uneasy and unreasonable.

Although the defendant was sentenced three times to criminal punishment for the same kind of crime, the assembly in which the defendant participated was not illegal from the beginning, the defendant's participation in the assembly was not led or actively instigated but appears to have entered the National Assembly near the National Assembly, which is the place where the assembly and demonstration was prohibited by taking part in the assembly, and the defendant's participation in the assembly is in depth and it seems that he will not commit any unlawful act in the future. In light of the various sentencing conditions as shown in the arguments in the instant case such as the method, process, circumstances after the crime, the age and character and conduct of the defendant, the prosecutor's assertion is without merit.

Therefore, 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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