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(영문) 서울중앙지방법원 2014.02.13 2013노4215
일반교통방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of 300,000 won) is deemed too unhued and unreasonable in light of the summary of the grounds for appeal (e.g., the Defendant’s status).

2. Although the prosecutor’s decision on the grounds of appeal is not acceptable, the circumstances alleged in the grounds of appeal are not acceptable. On the other hand, the Defendant appears to reflect his mistake while committing the instant crime, and the Defendant currently resigned from the position of the chairman of the CTrade Union and was issued to the present business department, and taking into account various circumstances that form the conditions for the pleadings and the sentencing indicated in the records of the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and circumstances after the crime, etc., the Defendant’s punishment imposed by the lower court is not deemed to be unreasonable as it is too unreasonable. Accordingly, the Prosecutor’s assertion is without merit.

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

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