권리행사방해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the court below’s sentencing (2.5 million won in penalty) is too unreasonable.
2. The fact that the defendant had no criminal record for the same kind of judgment is a favorable circumstance.
However, since the court below seems to have determined the punishment against the defendant in consideration of all the circumstances and there is no change in circumstances after the decision of the court below was made, comprehensively taking account of the defendant's age, sex, environment, motive, means and consequence of the crime and the circumstances after the crime, the sentence of the court below is too unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.