The appeal by the prosecutor is dismissed.

Summary of Grounds for Appeal

(F) The sentence of the lower court (a fine of KRW 5 million is imposed on Defendant A, Defendant B: a fine of KRW 3 million) is too unfortunate and unfair.

Judgment

The crime of this case committed by the Defendants at the time of the Defendants’ re-subcontracted to H Co., Ltd. (hereinafter “H”) (hereinafter “E”) with respect to the settlement of the accounts for H and additional construction cost, etc., under the circumstance that the Defendants did not give written notice of termination of the contract in accordance with the contract, and obstructed H’s progress. The Defendants’ damage the house-to-house inside the container office used by H, and the liability for the crime was not somewhat weak, and is not agreed with the victim.

However, since the above construction work and each of the crimes of this case are in progress between E and H, there seems to be extenuating circumstances in view of the Defendants’ failure to reach an agreement with the victim. The Defendants appear to have been able to recover the damage suffered by the victim according to the result of the above civil procedure, not the Defendants committed the instant crime for personal interests. Defendant B is the primary offender, and all of the sentencing conditions such as the Defendants’ age, character and behavior, environment, motive, means and consequence of the crime, and the following circumstances, it is not recognized that the sentence of the lower court is too unreasonable.

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 groundless. It is so decided as per Disposition.