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(영문) 서울중앙지방법원 2015.04.30 2014노4861
일반교통방해등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal: The sentencing of the lower court (a fine of one million won per fine) is too unhued and unreasonable.

2. In full view of all the facts revealed in the records and arguments of this case including the Defendants’ age, career, character and conduct, environment, means and consequence of the crime in this case, the Defendants’ motive and background leading up to the crime in this case, the degree of participation in the demonstration in this case, Defendant A did not have any previous record of punishment twice as a fine, and Defendant B did not have any previous record of punishment. In full view of all the circumstances revealed in the records and arguments of this case including the Defendants’ age, career, character and conduct, environment, means and consequence of the crime in this case, the punishment imposed by the lower court is too uneasible and unreasonable.

Therefore, prosecutor's assertion is not accepted.

3. The appeal against the Defendants by the prosecutor in conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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