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(영문) 서울중앙지방법원 2014.11.20 2014노3520
일반교통방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant was involved in a demonstration with a common purpose with other participants of the demonstration by undermining human rights surveillance activities, it is unlawful for the lower court to hold the Defendant not guilty of the charge of general traffic obstruction and violation of the Assembly and Demonstration Act on the ground that there is insufficient evidence to acknowledge it.

B. The lower court’s sentencing of an unreasonable sentencing (2 million won of fine) is too unjustifiable and unfair.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below, all of the facts and circumstances that the court below found, and the witness E testified that the defendant was trying to give a human rights card at the time of the trial, but there was no evidence to prove that the defendant was taking part in the demonstration or taking part in the demonstration with a common purpose with other participants of the demonstration. Thus, among the facts charged in the case of this case, it is not sufficient to prove that the defendant occupied the roadway for the purpose of common traffic obstruction and violation of the Assembly and Demonstration Act should be acquitted.

Therefore, the prosecutor's assertion on this part is not accepted.

B. In full view of the circumstances such as the Defendant’s confessions and reflects on the guilty part of the Defendant’s convictions in the trial of unfair sentencing, and the Defendant’s failure to commit any contingent crime as he/she appears to have committed the crime by the police, the lower court’s sentence is too uneasible and unreasonable, and thus, the Prosecutor’s assertion on this part is not acceptable.

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

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