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(영문) 인천지방법원 2016.10.12 2016노2296
일반교통방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below's scope of trial in this case dismissed a public prosecution concerning assault among the facts charged in this case and sentenced guilty of the remaining facts charged, and the prosecutor filed an appeal by stating the scope of appeal in the petition of appeal as "total". However, considering that the petition of appeal or the statement of grounds for appeal submitted by the prosecutor does not contain any grounds for appeal as to the dismissal of the above public prosecution, and that only the inducement of appeal in the petition of appeal and the statement of grounds for appeal is an unreasonable sentencing, the dismissal of the public prosecution in this case

Therefore, the judgment below is examined only for the guilty portion among the judgment below.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years and probation orders, and community service orders for not more than 120 hours) that the court below sentenced to the defendant is unreasonable.

3. There is no change in circumstances that may consider the sentencing after the judgment of the court below, and considering the conditions of sentencing as indicated in the records and arguments in this case, the sentence of the court below is too unjustifiable, even considering the circumstances asserted by the prosecutor as the grounds for appeal.

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

5. In accordance with Article 25(1) of the Regulations on Criminal Procedure, the decision of the court below shall be corrected ex officio as follows:

Part 1, Part 17 of the judgment of the court below, the "Obstruction of One Traffic" in Part 17 as "General Traffic Obstruction." Part 5 through 7 of the judgment of the court below are as follows: Article 185 (General Traffic Obstruction) of the Criminal Act for the crime of 1. The pertinent Act for the crime of 2.1. Article 185 (General Traffic Obstruction) of the Criminal Act, Article 141 (1) of the Criminal Act (the point of damage to public goods), Article 136 (1)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor for each choice of punishment;

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