A defendant shall be punished by imprisonment for not less than one year and six months.

The seized divers (No. 1) shall be divers.

A. The prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unfair.

B. The lower court’s punishment is too unreasonable.

2. The Defendant recognized part of the instant crime at the lower court, and against the Defendant’s acknowledgement of all of the instant crimes in the first instance trial.

The victims of the crime of obstruction of business and damage to property do not want to be punished by the defendant.

This is the circumstances favorable to the defendant.

On the other hand, the defendant committed each of the crimes of this case during the period of repeated crime due to the crime of obstructing official duties and destroying property.

In addition, the defendant has been punished several times, including the crime of obstruction of business, damage to property, assault, etc.

In particular, in the case of the crime of destroying special property, the method of crime is very dangerous, the suffering of the victim is high, and the damage has not been recovered, so there is a high possibility of criticism.

The victims of special property damage, intrusion upon residence, and assault are trying to severely punish the defendant.

This is disadvantageous to the defendant.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, motive, method, and consequence of the crime, etc. as indicated in the instant records and pleadings, it is difficult to view the lower court’s punishment too unreasonable because it is too unreasonable, and rather, it is recognized that the Defendant’s punishment is too unfied and unfair.

Therefore, the defendant's argument is without merit, and the prosecutor's argument is with merit.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the prosecutor is again decided as follows.

[Re-written judgment] The Criminal Procedure Act applies to the facts constituting an offense and summary of evidence recognized by the court and the summary of evidence as stated in each corresponding column of the judgment below.