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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. After the lapse of the lawful period of appeal, the Defendant asserted the grounds of appeal that ① the instant documentary evidence is merely in the form of the Defendant’s body on the crosswalk in order to return home after completing the assembly, and the Defendant did not commit any unlawful road occupation or general traffic obstruction, ② the application of general traffic obstruction to a simple assembly participant without violent nature is unconstitutional as it unreasonably limits the freedom of assembly and demonstration of citizens.
B. In light of the various circumstances of the inspection (unfair form of punishment), the sentence of the lower court (2 million won of a fine) is too unhued and unreasonable.
2. Determination
A. On September 21, 2015, the Defendant filed a petition of appeal on September 21, 2015, and did not file a statement of grounds for appeal within the lawful period for submission of the appellate brief even after receiving the notification of the receipt of the trial record on October 15, 2015.
The grounds for ex officio investigation can not be found even after examining ex officio the grounds for appeal asserted after the deadline for submission of the grounds for appeal expires.
Therefore, in accordance with Article 361-4(1) of the Criminal Procedure Act, a decision to dismiss an appeal by a defendant should be made, but as long as a judgment is rendered on the appeal by a public prosecutor, a decision to dismiss an appeal should not be made separately
B. In light of the fact that participants, including the Defendant, occupy the road on the appeal of the prosecutor, and the assembly of this case appears to have suffered considerable inconvenience to the general public, the Defendant’s liability for the crime is not against the law.
However, there are extenuating circumstances in terms of the motive and circumstance of the assembly of this case, and all of the sentencing conditions shown in the argument of this case, such as the defendant's age, character and conduct, environment, power, the process and consequence of the crime of this case, etc., are the degree of participation in the act of occupying the road following the assembly of this case.