업무방해등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. The lower court sentenced a fine of KRW 3 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.
The lower court’s determination of sentencing exceeded the reasonable bounds of discretion, in full view of the following: (a) the elements of sentencing in this court; (b) the Defendant’s execution of the sentence was not long after the completion of the sentence; and (c) the Defendant committed the instant crime, but the case was relatively minor and agreed with the victim of the crime of interference with business affairs.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even if the circumstances and results of the instant crime, the Defendant’s age, sex, environment, etc. are considered after the instant crime, the sentence of the lower court is deemed to be adequate and too unjustifiable and unreasonable.
3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.