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(영문) 서울중앙지방법원 2014.09.04 2014노447
일반교통방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (700,000 won of a fine) by the lower court is too unhued and unreasonable.

2. Although the Defendant committed the instant crime at another time despite the various criminal records, as alleged by the public prosecutor, the lower court’s punishment is too unjustifiable even if considering the circumstances of the prosecutor’s assertion in light of the following factors: (a) the mode of the instant demonstration, the degree of the Defendant’s participation, and the Defendant’s age, character and conduct, environment, the developments and consequence of the instant crime; and (b) the circumstances of the prosecutor’s assertion in the instant case, such as the circumstances following the instant crime.

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

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