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(영문) 서울중앙지방법원 2013.06.21 2013노110
일반교통방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On March 20, 2013, the Defendant did not submit the statement of grounds for appeal within 20 days from the deadline for submission of the statement of grounds for appeal even when he/she received a notice of receipt of court records from this court on March 20, 2013, and the petition of appeal

However, on April 11, 2013, when the deadline for submission expires, there is only a submission of the grounds for appeal claiming innocence by the defendant, and even if the records are examined, there is no ground for ex officio investigation. Thus, the defendant's appeal shall be dismissed by decision in accordance with Article 361-4 (1) of the Criminal Procedure Act, but as long as the court rendered a judgment on the prosecutor's appeal as follows, it is dismissed by judgment.

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (in fact-finding and unreasonable sentencing) was found not guilty at the lower court’s judgment, and the Defendant was a lane at the time of each charge. Even if the delivery was the case, as long as other participants in the demonstration agreed to occupy a lane, the Defendant was guilty, and the lower court’s punishment (in addition, KRW 400,000) is too uneasible and unfair.

B. Determination 1) The evidence duly adopted and examined by the lower court and the records of evidence in the trial, namely, the circumstance acknowledged by comparison between the evidence and its field pictures, that is, it is difficult to readily conclude that the Defendant was a lane on June 1, 201, the Defendant’s location in front of the Cheongdong-dong, Seoul Skuakkkua shopping mall, and June 8, 201; ② the participants of the demonstration completed an assembly before the Cheongdong-dong, the direction of the Cheongdong-gu, and went through delivery; ③ the Defendant was merely a simple participation in each of the above assemblies requiring the realization of the anti-registration fees against university students belonging to the “B organization” and, in view of the fact that there are no circumstances to deem that the Defendant was holding the assembly or communicating with other participants, the Prosecutor’s assertion of mistake of facts cannot be accepted.

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