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(영문) 서울북부지방법원 2019.03.29 2018노2345
집회및시위에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

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

2. The crime of this case was committed by the Defendant with legitimate reporting and peaceful progress, thereby obstructing twice the demonstration of D through exercising physical force, and the crime was not good. It is an unfavorable circumstance to the Defendant.

However, in full view of the following facts: (a) the Defendant was in the trial for the first time and against all of the instant crimes; (b) there was no record of criminal punishment for the same kind of crime in the past; (c) the Defendant did not focus on the degree of physical force at the time of obstructing D’s demonstration; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) all of the sentencing conditions specified in the instant records and the trial process, including the circumstances after the crime, are unreasonable

3. As such, the defendant's argument of unfair sentencing is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows

【Grounds for the Judgment of the court below which has been written] The facts constituting a crime and summary of evidence recognized by the court below and the summary of evidence are as follows, except where the court below’s “1. Defendant’s court statement” among “the summary of evidence” is deemed as “1. Defendant’s court statement” as “court statement at the trial of the court of the court of the court below, and thus, it is identical to each corresponding column of the judgment below.

Application of Statutes

1. The main sentence of Article 22 (1) and Article 3 (1) of the Act on the Assembly and Demonstration relating to the relevant criminal facts and the Selection of Punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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