업무방해
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for four months of imprisonment) is unreasonable because it is too unfasible.
2. The Defendant did not agree with the victim or make any effort to recover damage.
Many of the defendants have criminal records of violence.
This is disadvantageous to the defendant.
On the other hand, the defendant recognized his mistake as a whole and runs counter to his depth.
The degree of interference with the instant business is relatively minor.
In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the scope of recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee, etc., 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.