업무방해등
The prosecutor's appeal is dismissed.
1. The lower court dismissed the prosecution on the charge of assaulting one’s own on March 30, 2015 among the facts charged in the instant case, and the prosecutor appealed only for the reason that the sentencing was unfair. As such, the lower court’s dismissal of the prosecution becomes final and conclusive separately as it is, and only the guilty portion belongs to the scope of the judgment of the lower court.
2. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution, and order of observation of protection) is too uneasible.
3. As to the reasons for appeal, there are extenuating circumstances against the Defendant, such as the Defendant’s failure to commit each of the instant crimes against many victims, and the Defendant’s career of having been punished several times for the same kind of crime. However, in light of the fact that the Defendant recognized each of the instant crimes and agreed with the victim E, the Defendant’s motive and background leading up to the instant crimes, means and method of the crime, the circumstances before and after the instant crimes, the Defendant’s age, health conditions, sexual conduct, environment, occupation, family relation, etc., the punishment imposed by the lower court cannot be deemed to be unfair because it is too unfeasible.
4. In conclusion, the prosecutor's appeal is without merit. Thus, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That the judgment of the court below No. 2, 11 of the 2, c.
“B.(b)”- and “Article 13(1)-2(b)-3-2(b)-2(b)-3-2(c)-2(c)-2(c)-2(c)-2(c)-2(3)-2(c)-2(3)-2(3)-2(3)-2(3)-2(3)