업무방해
The prosecutor's appeal is dismissed.
1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The crime of this case requires an unfavorable sentencing factor, such as: (a) the Defendant, while under the influence of alcohol, who obstructed the victim’s business by seeing the Defendant’s desire and failure to take a view; (b) the commission of the crime of this case is not good; and (c) the Defendant has been punished by committing the same kind of crime in the past.
However, in full view of the following circumstances: (a) the Defendant appears to have committed a crime; (b) the victim does not want the Defendant’s punishment; and (c) the Defendant’s age, sex, environment, details and contents of the crime; and (d) other circumstances that form the sentencing conditions as indicated in the instant records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too uneasible and unfair.
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.