The prosecutor's appeal is dismissed.

1. Of the facts charged in the instant case, the lower court rendered a final judgment dismissing the public prosecution and rendered a judgment of conviction as to obstruction of business affairs, and only the prosecutor appealed on the guilty part of the lower judgment on the ground that the sentencing was unfair.

Therefore, since the dismissal part of the public prosecution by the defendant and the prosecutor who did not appeal is separated and finalized depending on the expiration of the appeal period, the judgment of the court below should be judged only on the conviction part of the judgment below.

2. The reasoning of the appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

3. However, although it is not good that the defendant committed the crime of this case which obstructs the restaurant business by taking advantage of the fact that he was taking the main body and main body of the small branch without any reason during the period of repeated crime, it is not good that the defendant committed the crime of this case. However, it is contrary to the defendant's recognition of the crime of this case, and the victim did not want the punishment of the defendant. In addition, considering the defendant's age, sex, sex, environment, health conditions, relationship between the defendant and the victim, motive, means and result of the crime, circumstances after the crime, period of detention in the original court, the period of detention before the court below's decision, the criminal records before the above exclusive crime, and the criminal records of the defendant, the punishment of the court below is too uneasy and it is not unfair. Thus, the prosecutor's assertion is without merit.

4. The appeal by the Prosecutor is dismissed. It is so decided as per Disposition.