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(영문) 서울중앙지방법원 2016.12.01 2016노2771
일반교통방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 700,00) imposed by the lower court is too unfilled and unreasonable.

2. The court below did not change circumstances that may change the sentence imposed by the court below in addition to the circumstances unfavorable to the judgment (the fact that the court below had been sentenced several times to a fine due to the crime of the same kind, but again committed the crime in this case) and favorable circumstances (the fact that the degree of infringement of legal interests due to traffic obstruction was not serious, the role of the defendant was not led, the defendant was against the mistake, and the health and economic conditions are not good) and there are other circumstances that include the defendant's age, character and behavior, the environment, and the circumstances after the crime. In full view of all other circumstances, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the court below is too unreasonable.

The prosecutor's assertion of unfair sentencing is without merit.

3. The prosecutor's appeal of 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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