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(영문) 서울중앙지방법원 2013.04.11 2013노141
일반교통방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., in a case where the Defendant was punished several times due to an unlawful demonstration, etc., the lower court sentenced the Defendant to a fine of KRW 1,500,000,000 to the Defendant. In light of the fact that the Defendant appears to be unable to prevent the Defendant’s unlawful demonstration, such a sentence of the lower court is too uneasible and unfair.

2. Although it is not acceptable to accept the circumstances asserted by the prosecutor as the grounds for appeal, the role of the defendant in the process of the crime is considered to be merely a participant, such as where the defendant actively led or planned to commit the crime of this case on the other hand, and the defendant appears to reflect his mistake while intending to commit the crime of this case, and the defendant still has a university student status and is able to concentrate on studies without participating in illegal demonstration in the future. In full view of various circumstances, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the conditions for sentencing specified in the arguments and records of this case, it is not determined to be unfair to deem that the fine imposed by the court below is too unaffort to the extent that the defendant should be reversed.

Therefore, prosecutor's assertion is without merit.

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

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