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(영문) 서울중앙지방법원 2016.11.03 2016노1925
일반교통방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the lower court is too uneased and unreasonable.

2. The judgment of the court below is that the defendant's circumstances unfavorable to the defendant (the crime of this case brought about a significant obstacle to traffic in the Seoul downtown, and the defendant has already been punished several times due to the crime related to various assemblies or demonstrations, such as probation six times of suspension of execution, and three times of fines) and favorable circumstances (the defendant's failure to commit a crime despite the defendant's fault; although the defendant is in charge of the duties of the head of the Gyeonggi-do Branch, he did not plan or lead the crime of this case, he was merely a simple participant, and there is no mere mere mere mere mere mere mere the purpose and method of the assembly or demonstration of this case, the purpose and method of the assembly or demonstration of this case, the degree of interference with vehicle communication, and the possibility of general citizens' acceptance, and it seems that there is no special violent means in the process that the defendant has already been mobilized, and it seems that the defendant had no choice but to participate in the assembly or demonstration of this case held by the superior organization in his duties, and there seems to be any special circumstances to avoid any interference with the traffic of a large number of participants.)

The prosecutor's assertion of unfair sentencing is without merit.

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

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