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(영문) 서울중앙지방법원 2015.04.10 2014노3801
일반교통방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The appellant who made a decision on the appeal of a defendant shall submit the appellate brief to the appellate court within 20 days from the date on which he/she received the notification of the receipt of the trial records (Article 361-3(1) of the Criminal Procedure Act), and if the appellate brief is not submitted within the said period,

(1) According to the records, the Defendant did not submit the statement of grounds for appeal on October 28, 2014 even when receiving the notification of the receipt of the trial records on October 28, 2014, and did not state the grounds for appeal in the petition of appeal, and even if examining the records, the grounds for appeal cannot be found ex officio.

Therefore, it is necessary to decide to dismiss the defendant's appeal in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, as long as a judgment is rendered on the prosecutor's appeal, the dismissal of appeal shall not be decided separately, and a judgment shall be

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal is unreasonable as the lower court’s punishment (one million won of a fine) is too unhued.

B. On July 10, 2012, the Defendant was sentenced to a fine of KRW 300,000 for general traffic obstruction and has the record of the same crime.

On the other hand, considering the fact that there is no history of punishment exceeding a fine, and all of the sentencing conditions in the records, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, it is not recognized that the sentence imposed by the court below is too uneasible and unfair

The prosecutor's assertion of unfair sentencing is without merit.

3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and all of them are dismissed. It is so decided as per Disposition.

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