업무방해등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence of the lower court (7 million won of a fine) is too unhued and unreasonable.
2. Determination
A. According to the records, the court below determined the punishment by taking into account various factors of sentencing, such as the fact that the error was divided, and reflected, the agreement with the victim, the fact that the crime was committed during the period of repeated crime, health conditions, etc.
B. Although there is no change in the conditions of sentencing compared to the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.
C. Therefore, the argument of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.