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(영문) 서울중앙지방법원 2016.07.01 2016노1353
일반교통방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The punishment (two million won in penalty) declared by the first instance court (the suspension of sentence (the suspension of sentence) on the gist of the grounds for appeal is too uneasible and unfair;

2. In full view of the factors indicated in the first instance judgment, including the fact that the Defendant was a student of 19 years of age at the time of the instant crime, the fact that there was no criminal punishment, and that it is in depth against the Defendant, etc., the sentence of the first instance judgment against the Defendant was made within the scope of the court’s discretion in sentencing, and thus, it cannot be deemed unfair as it is too unfortunate.

Therefore, the prosecutor's improper argument of sentencing cannot be accepted.

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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