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(영문) 인천지방법원 2018.04.05 2016노3989
일반교통방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (one million won in penalty) imposed by the court below is too unfased.

2. It is recognized that the act of occupying a general road for determination causes a large inconvenience and damage to the people, which requires punishment corresponding thereto.

However, in full view of the following circumstances: (a) the Defendant has no record of criminal punishment before committing the instant crime; (b) the Defendant participated in the instant assembly as a member of the Korean Railroad Union, but did not go to an additional crime by using violence in the process; (c) equity in sentencing with the same and similar incidents; and (d) equity in sentencing with the Defendant’s age, sex, motive, means, and consequence of the instant crime; and (d) various circumstances that are conditions for sentencing, such as the circumstances after the commission of the instant crime, the sentence imposed by the lower court is too uneasible

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

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