업무방해
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal (unfair sentencing) asserts that the Defendant is too unafford by imprisonment with prison labor (4 months) of the lower court, and that the prosecutor asserts that the lower court’s above sentence is too unafford and thus unfair.
2. On January 28, 2016, the Defendant was sentenced to imprisonment with prison labor for 4 months and for 2 years of suspension of execution on February 5, 2016, and was sentenced to a punishment for obstructing business operations at the main point of this case on April 1, 2016 after the said judgment became final and conclusive, and around April 1, 2016 (the Defendant was sentenced to a fine on June 23, 2016). Nevertheless, the Defendant committed the instant crime during the suspension of execution, and the Defendant had committed another crime during the said suspension of execution, and there was a history of being sentenced to eight times criminal punishment only due to interference with business, and other criminal records and other criminal records may also be punished.
On the other hand, the defendant's time to commit the crime of this case and repents, and the degree of interference with the business of this case is important.
It seems that the existence of alcohol, etc. seems to have caused the instant crime, etc., and the fact that it is necessary to consider the equity between the crime of compulsory indecent act as stated in the judgment of the court below, which became final and conclusive for four months, and the crime of compulsory indecent act as stated in the judgment of the court below, at the same time,
In full view of the aforementioned various circumstances and other circumstances, including the Defendant’s age, sex, environment, and the content of the instant crime, etc., the sentence imposed by the lower court on the Defendant is deemed appropriate, and it does not seem that it is too minor or unreasonable.
Therefore, we cannot accept all the above arguments of the defendant and prosecutor.
3. In conclusion, since the appeal of this case by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.