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(영문) 춘천지방법원 강릉지원 2013.12.23 2013노475
집회및시위에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., the sentencing of the lower court (the suspended sentence of a fine of one million won) is deemed to be too unfortunate and unfair.

However, the crime of this case was committed by the Defendants, leaving the place reported by the Defendants, holding a meeting in Gangseo-gu viewing street, and assaulting public officials, such as breathing spaths, and damaging the current status plate, which is a public object, on the floor, and spathing it into the ground, and the nature of the crime is not good.

However, the above assembly was relatively peaceful and efforts made by the Defendants to prevent serious physical collisions. Defendant A merely received a fine on several occasions prior to 2003, and Defendant B did not have criminal records; Defendant B recognized a mistake and reflects it; and all other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendants’ age, character and conduct, motive, means and consequence of the commission of the crime, etc., the lower court’s sentencing appears to be somewhat uneasible, but it cannot be deemed unreasonable as it is too uneasible to the extent that it could not escape from destruction.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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