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(영문) 서울중앙지방법원 2014.11.07 2014노3524
일반교통방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant, on July 27, 2008, reported that he was involved in the assembly and demonstration of this case on July 27, 2008, and there was no participation in such assembly and demonstration.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, in particular, the statement of the defendant on the day when the defendant was arrested as a flagrant offender, the statement of the police E and the witness photographs of the defendant taken at the time of the assembly and demonstration, the surrounding circumstances before and after the arrest, the time and place of the defendant's arrest, and the specific circumstances at the time of the assembly and demonstration on July 26, 2008, the defendant participated in the assembly and demonstration of this case on July 20, 2008 and occupied the above road along with other participants until the time when he was arrested from a long distance of time on July 27, 2008, thereby interfering with traffic by land and participating in the demonstration after self-determination.

Therefore, the defendant's assertion of mistake is without merit.

B. Although the Defendant’s decision on the assertion of unfair sentencing does not seem to have committed the instant crime on a planned basis, it does not seem that the period of general traffic obstruction is not shorter and that the degree of such violation is less severe, and there are no circumstances or changes in circumstances to be newly considered after the judgment of the court below, and in full view of the following various circumstances, including the Defendant’s age, character and behavior, environment, circumstances and motive of the instant crime, means and consequence, circumstances after the crime, etc., as well as the conditions for sentencing as indicated in the argument and the record, it is not recognized that the Defendant’s sentence imposed by the court below

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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