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(영문) 대구지방법원 2017.11.10 2017노1037
일반교통방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the suspended sentence of two million won in penalty) by the lower court is deemed to be too unhutiled and unfair.

2. The crime of this case is an unfavorable circumstance that the defendant participated in the assembly and obstructed traffic, and the degree of traffic interference is not less light.

However, it is favorable that the defendant led to the confession of the crime of this case and reflects the mistake, the defendant appears to have been involved in the crime of this case as a participant of simple demonstration, and the defendant has no record of criminal punishment before the crime of this case, etc.

In light of the equity in sentencing with accomplices, as well as the above circumstances, the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, etc., and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the commission of the crime, the sentence imposed by the lower court cannot be deemed unfair and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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