업무방해
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (defendant A: fine of 8 million won, Defendant B, C, and E: each fine of 5 million won) declared by the court below 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 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). In such a case, there is no change in the conditions of sentencing compared with the lower court’s given that no new data on sentencing have been submitted at the trial court, and thus, there is no change in the conditions of sentencing compared with the lower court’s judgment. In full view of the following circumstances, including the Defendants’ age, sex, environment, motive, means, and consequence of the crime, etc., the lower court’s sentencing is deemed appropriate, and it does not appear to have exceeded the reasonable scope of discretion, as it is too unfilled.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.