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(영문) 서울중앙지방법원 2016.12.23 2016노3266
일반교통방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The punishment of a fine of two million won in the first instance (a fine of two million won) shall be too unhued and unjust;

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). However, given that the appellate court did not submit any new sentencing data, there is no change in the conditions of sentencing compared to the first instance court as it did not change compared with the Defendant’s criminal records, age, character and conduct, environment, motive, means and consequence of the crime, and various circumstances, which are conditions for sentencing as expressed in the first instance sentencing trial process, including the Defendant’s criminal records, age, character and conduct, motive, means and consequence of the crime, the first instance sentencing is deemed appropriate, and it does not seem to exceed the reasonable scope of discretion by excessively

Therefore, prosecutor's assertion is not accepted.

3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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