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(영문) 서울중앙지방법원 2014.06.12 2014노1229
일반교통방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 80,000 won) of the lower court’s sentencing (e.g., 80,000 won) is unreasonable.

2. The Defendant committed each of the instant crimes in a short period of three times repeatedly, and there are unfavorable circumstances, such as the fact that the Defendant committed each of the instant crimes, which led to the impossibility of traffic flow or to make it significantly difficult for ordinary citizens to communicate traffic flow, and the occurrence of a large inconvenience. However, the Prosecutor’s assertion is not acceptable on the following grounds: (a) the Defendant made a confession of all of the instant crimes, and the Defendant’s active leading or planned the instant crimes; and (b) the Defendant did not seem to have actively led or planned the instant crimes; and (c) other circumstances that form the conditions for the argument and sentencing specified in the record, such as the Defendant’s age, character and behavior, environment, the background, motive, means, and consequence of the instant crimes, and the circumstances after the commission of the crime.

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 groundless. It is so decided as per Disposition.

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