업무방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the sentence (one million won in penalty) declared by the court below against the defendant.
2. It is highly likely that the judgment defendant might be subject to criminal punishment on several occasions of violent crimes by putting the person again committing the instant crime without being subject to criminal punishment.
In addition, the defendant did not reach an agreement with the victim.
However, on the other hand, the defendant shows an attitude against the defendant's wrongness, and the degree of exercise of power is relatively minor.
In addition, the defendant seems to have committed the crime of this case by contingency while under the influence of alcohol.
Considering the above conditions unfavorable or favorable to the defendant, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other factors of sentencing as shown in the argument of this case, the prosecutor's assertion above is without merit, since the sentence imposed by the court below is too unfasible and it does not seem unfair.
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.