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(영문) 서울중앙지방법원 2014.04.17 2013노4227
일반교통방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The sentencing of the court below [the sentencing of the defendant A and F: each fine of 300,000 won, the defendant B, D, and E: each suspended sentence (each fine of 300,000 won)] is too unhued and unfair.

2. In full view of all the circumstances, including the Defendants’ age, character and conduct, environment, circumstance, motive, means and consequence of the crime, etc., the Defendants’ participation in the crime of this case is relatively minor, and the Defendants’ participation in the crime of this case cannot be deemed planned and intentional, and the Defendants’ participation in the crime of this case appears to have occurred on the day of the assembly, and the Defendants’ participation in the crime of this case appears to have occurred contingently after participating in the assembly, and the Defendants’ participation in the crime of this case appears to have occurred, and there is no criminal history other than once before and after the minor fine was first committed, and other various circumstances, including the Defendants’ age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., on the grounds that the lower court’s punishment imposed on the Defendants is deemed unfair as it is excessively uneasible. Accordingly, the Prosecutor’s assertion is rejected.

3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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