Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s punishment (the amount of KRW 5 million) against the Defendant (unfair sentencing) is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. It is recognized that the Defendant had many records of interference with the business prior to the instant case or violent crimes, and that the risk of recidivism is considerably high due to the occurrence of the instant crime during the suspension of execution due to the same crime. However, the Defendant’s interference with the instant business is relatively minor since he was under the influence of alcohol in the gambling game room and was not damaged or violent. The Defendant’s damage, an employee of the game room at the time, did not want punishment on the condition that the Defendant did not enter into the game room, did not want such punishment, and the Defendant did not have any record of having been sentenced to punishment, and the Defendant did not have any record of having been sentenced to punishment, and in full view of all other circumstances, including the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the Defendant and the Prosecutor’s assertion are not deemed to be undue because the Defendant’s punishment is too heavy or unfilled. Therefore, each of the arguments by each prosecutor are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.