업무방해등
The prosecutor's appeal is dismissed.
1. The lower court rendered a judgment of conviction as to the offense of insulting the victim B and C among the facts charged in the case of 2018 Godan1149, and rendered a judgment of conviction as to the offense of intrusion upon residence and obstruction of business among the facts charged in the case of 2018 Godandan1856 and 2018Kadan1149, respectively. Since only the prosecutor appealed on the part of the lower judgment, the part of the dismissal of prosecution that the Defendant and the prosecutor did not appeal was separate and finalized as it is.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The reasoning of the appeal (e.g., a fine of nine million won) by the lower court against the Defendant is too uneased and unreasonable.
3. In light of the circumstances such as the instant argument and the reasons for sentencing indicated in the record of the instant judgment, namely, the form of and degree of damage to the instant crime, the criminal records of the Defendant, the Defendant’s criminal records, and the fact that the Defendant’s health status is not good and the Defendant’s financial difficulties are placed, the lower court’s sentencing appears to be reasonably determined by fully considering all the circumstances, including the various reasons for sentencing as argued by the Prosecutor, and there are no special circumstances to the extent of changing the sentencing ex post facto, and thus, the Prosecutor’s assertion of unfair sentencing is without merit.
4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.