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(영문) 서울중앙지방법원 2017.01.12 2016노4097
일반교통방해
Text

Defendant

All appeals filed by the Defendants B, C, and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against Defendant B and C (a fine of KRW 1.5 million) is too unreasonable.

B. The lower court’s sentence against the Defendants (defendant A: fine of KRW 2 million, Defendant B, and C: each of the fines of KRW 1,500,000) is deemed unreasonable.

2. The Defendants’ respective acts interfered with road traffic for a considerable period of time, and the Defendants have been punished several times for the same kind of crime, etc. are disadvantageous to the Defendants.

However, in full view of the contents and circumstances of the instant crime, the Defendants’ participation in each assembly, and the fact that the Defendants committed a direct act detrimental to the public safety and order, other than the acts committed on the road, is not confirmed. In full view of all of the records of the instant crime, including the Defendants’ age, occupation, and sexual conduct, the lower court’s punishment against the Defendants is deemed appropriate.

Defendant

B, C, and Prosecutor’s argument is without merit.

3. Conclusion, Defendant A, B, and Prosecutor’s appeal is without merit, and thus, the appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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