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(영문) 전주지방법원 2017.02.17 2016노1733
일반교통방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 500,000 won) is too uneased and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant who participated in assemblies held by the members of the Korean Public Officials' Labor Union by the members of the National Public Officials' Labor Union occupied the road as he/she occupied and obstructed the passage of vehicles by blocking the passage of vehicles, and the quality of the crime was not somewhat weak, and the crime of general traffic obstruction resulted in considerable inconvenience to the general public.

On the other hand, there is no past history of criminal punishment or a fine heavier than that of a fine for the same crime, and the defendant appears to be a simple participant of the assembly of this case, and the time when the defendant interfered with the passage of the road of this case relatively short is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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

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