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The prosecutor's appeal is dismissed.
Reasons
1. The sentencing of the lower court (a fine of 6 million won) is too unhued and unreasonable.
2. The defendant's records of punishment several times for violence-related crimes, and the crime of this case committed during the period of suspension of execution due to obstruction of performance of official duties, etc. are disadvantageous to the defendant.
On the other hand, the circumstances favorable to the defendant include the fact that the defendant has committed the crime of this case and is divided, the degree of interference with business has not been much serious, and the victim does not want punishment against the defendant by mutual consent with the victim.
In full view of the above circumstances and other factors of sentencing, such as the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, etc., the lower court’s sentencing against the Defendant is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.