업무방해등
Defendant
All appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal asserts to the effect that, as the punishment imposed by the lower court (7 million won of a fine) is too excessive, the public prosecutor claims to the effect that the above punishment is too unhued and unreasonable.
2. We also examine the Defendant and the Prosecutor’s respective arguments on unreasonable sentencing.
The fact that the defendant is led to confession and reflect, and the fact that the defendant wants to leave the ship by agreement with the victim of interference with business and the victim police officer is favorable.
On the other hand, each of the crimes of this case is an unfavorable circumstance where the defendant interferes with the restaurant business of the victim, and assaults the police officer dispatched after receiving a report, and the nature of the crime is not good, and the crime is more severe, and the court below sentenced the judgment of the court below by fully considering the favorable circumstances of the defendant.
In light of the above circumstances and the following: (a) there is no special reason to change the sentencing after the pronouncement of the lower judgment; and (b) the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime; and (c) various conditions of sentencing as indicated in the instant records and arguments, such as the circumstances after the crime was committed, it cannot be deemed that the sentence imposed by the lower
Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.