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(영문) 청주지방법원 2017.05.19 2016노1377
일반교통방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the reasoning of the appeal is too unreasonable because of the punishment (three million won in penalty) declared by the court below, and the prosecutor asserts that the above punishment is too unfeasible and unfair.

2. We examine the arguments of the Defendant and the Prosecutor.

The court below held that the defendant had the same power, but in light of the size of the assembly of this case and the status and role of the defendant, the defendant was in the lead of each assembly of this case.

In light of the fact that it is difficult to see it, the relevant law was revised smoothly by agreement after the occurrence of this case, and the defendant has no criminal record of probation or heavier, etc., it seems that the punishment is determined.

In addition, there is no such circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion, and it is deemed unfair to maintain the sentencing of the lower court as it is.

Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that each appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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