업무방해
The prosecutor's appeal is dismissed.
1. The sentence imposed by the court below on the summary of the grounds for appeal (one year of suspended execution of imprisonment with prison labor for a period of four months) is too unhued and unreasonable.
2. It is recognized that, in light of the form of the instant crime and the method thereof, the liability for the instant crime is not less and less severe, the Defendant has been sentenced to a fine, a suspended sentence, and a record of having been punished for the same kind of crime among them.
However, in light of the fact that the Defendant led to the confession of the crime, and the Defendant’s mistake is divided into one another, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., and all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the instant crime, the lower court’s punishment is too uneasible and unreasonable.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.