권리행사방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of imprisonment with prison labor for a year, two years of probation, and 80 hours of community service) of the lower court is deemed to be too unhued and unreasonable;
2. Determination of the instant case reveals that the extent of damage suffered by the victimized bank is considerable, and that the Defendant was unable to agree with the victimized bank, and that the damage was not recovered, etc. is disadvantageous to the Defendant.
However, in light of the favorable circumstances such as the defendant's recognition of the crime of this case, there are circumstances that can be considered in the motive and circumstance of the crime of this case, and the actual amount of damage suffered by the victimized bank is less than the amount stated in the crime of this case, and the actual profit acquired by the defendant seems to be nonexistent, and there is no record of punishment for the crime of this case, and there is no record of punishment exceeding the fine, and other favorable circumstances such as the defendant's age, character, character, environment, and circumstances after the crime of this case, the sentence imposed by the court below is too unreasonable.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.