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(영문) 서울중앙지방법원 2014.10.23 2014노1974
일반교통방해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

After filing an appeal against the lower judgment on July 18, 2014, the Defendant failed to submit the statement of grounds for appeal within the 20-day period for submitting the statement of grounds for appeal under Article 361-3(1) of the Criminal Procedure Act, and the grounds for appeal are not stated in the petition of appeal, and the grounds for ex officio investigation cannot be found in the records.

30,000 won of a fine) declared by the prosecutor by the court below is too unhued and unjust.

Although the Defendant had a criminal record on the prosecutor’s assertion of unfair sentencing, there are circumstances to consider the Defendant’s participation in the assembly or demonstration of this case, and the Defendant was merely a simple participant of the assembly or demonstration of this case and did not take a leading position in the act of general traffic obstruction of this case. In full view of the balance in sentencing with the same case and other various circumstances, which are the conditions of sentencing as specified in the records and arguments, the lower court’s punishment is too unjustifiable and unreasonable.

In conclusion, the defendant's appeal is dismissed by a ruling under Article 361-4 (1) of the Criminal Procedure Act, since the defendant did not submit the grounds for appeal and the grounds for ex officio investigation in the records are not found. However, as seen below, the decision dismissing the appeal against the defendant by the prosecutor as well as the decision dismissing the appeal against the above defendant by a universal judgment shall be dismissed. The prosecutor's appeal against the defendant is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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