logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2014.07.11 2014노415
집회및시위에관한법률위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment of the Defendant and his defense counsel (2 million won) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The fact that the defendant recognized the crime and speaks against the defendant, the fact that there are circumstances that can be considered in light of the circumstances leading to the crime of this case is favorable to the defendant, and that citizens experience inconvenience from using urban buses due to the crime of this case, and that the defendant held an outdoor assembly without reporting despite being prosecuted for violating the Assembly and Demonstration Act even before the crime of this case was committed, the fact that the defendant held the outdoor assembly without reporting is disadvantageous to the defendant. In full view of other circumstances that are the conditions for sentencing of this case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime of this case, it is recognized that the court below's punishment is too heavy or too unreasonable. Thus, the defendant, his defense counsel, and the prosecutor's allegation of unfair sentencing is without merit.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the court below ex officio rectifys that the court below's 5th sentence of imprisonment with prison labor is "the choice of fine" as "the selection of fine").

arrow