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(영문) 서울중앙지방법원 2014.10.24 2014노2738
일반교통방해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. With respect to the sentencing of the first instance court (a fine of three million won) against the defendant in the summary of the grounds for appeal, the prosecutor appealed respectively on the grounds that the defendant is too unhued and unreasonable.

2. We examine both the judgment and the defendant's assertion of unreasonable sentencing.

In full view of the developments and motive leading up to the instant case, the degree of the Defendant’s participation in the act and the attitude of the Defendant’s behavior, the circumstances after the commission of the crime, and other various circumstances that form the conditions of sentencing as shown in the records, such as the Defendant’s age, character and conduct, environment, family relationship, etc., the first instance sentencing against the Defendant is too weak or unreasonable. Thus, the grounds for unfair sentencing by the prosecutor

3. As such, the appeal by the prosecutor and the defendant is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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