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(영문) 서울중앙지방법원 2015.06.26 2014노5049
일반교통방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles did not commit an act that obstructs vehicle traffic as stated in the judgment of the court below, and the traffic obstacle situation occurred at the time of the instant case does not result from the Defendant’s act

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. According to the evidence duly admitted and investigated by the court below, it can be sufficiently recognized that there was serious traffic congestion due to the act of occupying the vehicular road of the participants of the demonstration including the defendant, and in light of these facts, it can be sufficiently recognized that the defendant interfered with traffic as stated in the judgment of the court below.

Therefore, Defendant’s assertion is without merit.

B. The Defendant is the primary offender of unreasonable sentencing.

However, there is no special change in circumstances to determine the punishment differently from the original judgment for the first time, and it seems that the original court has already sentenced to a fine of KRW 700,000 by reducing a fine of KRW 2 million as stipulated in the summary order in consideration of various circumstances against the defendant.

In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable as it is too unreasonable.

Therefore, Defendant’s assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit

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