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(영문) 서울중앙지방법원 2014.10.31 2014노2881 (2)
일반교통방해등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. With respect to the sentencing of the first instance court (a fine of KRW 700,00) against the defendant in the summary of the grounds for appeal, the prosecutor appealed respectively on the grounds that the defendant is too unfasible and unreasonable.

2. We examine both the judgment and the defendant's assertion of unreasonable sentencing.

In full view of the circumstances that lead to the instant case, the background and motive leading up to the Defendant, the age and degree of participation of the Defendant, the Defendant’s failure to repeat the instant case, the Defendant had a criminal record of a single-time fine, and other various circumstances that form the conditions for sentencing as indicated in the records, such as character, conduct, environment, family relationship, etc., the first instance court’s sentencing is too weak or unreasonable. As such, the allegation of unreasonable sentencing of the Prosecutor and the Defendant is without merit.

3. As such, the appeal by the prosecutor and the defendant is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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