업무방해등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of six months, the suspension of execution of two years, and the fine of three hundred thousand won) is too uneased and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Although the Defendant has a history of punishment several times for violent crimes, the Defendant agreed to the victim E of the crime interfering with the instant business, and the same agreement should be taken into account in relation to the crime of injury for which judgment became final and conclusive and the crime of single concurrent crimes after Article 37 of the Criminal Act.
In addition, with respect to the crime of violating the Road Traffic Act (unlicensed Driving), a fine equivalent to the maximum statutory penalty was imposed, and the circumstances alleged by the prosecutor on the grounds of appeal are considered already in the sentencing process of the original judgment. There are no new changes in circumstances that could change the sentence of the lower court in the first instance trial.
When comprehensively considering these circumstances, the Defendant’s age, family relation, etc. as shown in the deliberation of the lower court and the lower court, the sentence imposed by the lower court is beyond the reasonable scope of discretion, or is deemed unfair because it is too low.
3. According to the conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition by the court below (Article 25 of the Rules on Criminal Procedure). However, the first head of the crime of the judgment below ex officio pursuant to Article 25 of the Rules on Criminal Procedure was sentenced on May 3, 2018 to six months after the Defendant was sentenced to imprisonment with prison labor for an injury at the Busan District Court and two years after suspension of execution, and the judgment
Before the last sentence of the evidence, “1. Before the judgment: Defendant’s oral statement at the court of first instance” was added to “1. Concurrent treatment: the latter part of Article 37 of the Criminal Act, but the latter part of Article 39(1).”