업무방해등
The defendant's appeal is dismissed.
1. The lower court dismissed the public prosecution regarding insult and intimidation among the facts charged in the instant case against the Defendant, and convicted the Defendant as to the remainder of the facts charged. Since the dismissal part of the public prosecution for which the prosecutor did not appeal by only the Defendant appealed on the guilty part becomes separate and final depending on the expiration of the appeal period, the lower court’s judgment should be tried only for the convicted part of the lower judgment.
2. The decision of the court below on the gist of the grounds of appeal (one year of suspended execution in four months of imprisonment, and forty hours of lectures for treatment of alcohol addiction) is too unreasonable.
3. The fact that the defendant repents his mistake and reflects his wrong, and that the victims do not want the punishment of the defendant is favorable to the defendant.
On the other hand, when considering the circumstances unfavorable to the defendant, such as the defendant's age, sex, environment, motive for committing a crime, and circumstances after committing a crime, the court below's punishment is too unreasonable because it is too unreasonable.
4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.