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(영문) 서울중앙지방법원 2015.11.17 2015노3665
일반교통방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentencing of the lower court (a fine of KRW 800,000) is too unreasonable.

2. There are extenuating circumstances, such as that the Defendant’s time to commit the instant crime is relatively short of the time to obstruct traffic in the instant case, that there was no record of punishment for the same kind of crime, that the Defendant’s economic condition is not good, etc. However, the lower court appears to have determined a punishment by reducing a fine of one million won in the summary order, taking account of this, and there are no special circumstances that may change the punishment in the trial.

Other circumstances shown in the records and arguments of this case, such as the circumstances after the commission of the crime, age, career, character and conduct, environment, etc., the sentencing of the lower court is determined within the reasonable and appropriate scope, and is not determined as being excessively unreasonable.

Therefore, we cannot accept this part of the defendant's assertion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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