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The prosecutor's appeal is dismissed.
Reasons
1. The lower court, among the facts charged in the instant case, convicted the Defendant of dismissal of prosecution, injury, and interference with business as to the injury caused by negligence.
In this regard, since the prosecutor filed an appeal only for the guilty part of the judgment of the court below for the reason that the sentencing is unfair, and the dismissal part of the judgment of the court below is separate due to the failure of both the defendant and the prosecutor to appeal for the dismissal part of the public prosecution, the scope of the trial
2. The decision of the court below on the gist of the grounds for appeal (a year of imprisonment with prison labor, two years of suspended execution, observation of protection and community service for 120 hours) is deemed to be too uneasible and unfair.
3. The judgment of the court below is that the defendant habitually committed each of the crimes of this case against the merchants running a business in the vicinity of the Seo-gu Seongbuk-gu or the Dong Ne-gu residents, and the defendant who committed each of the crimes of this case constitutes "Ne-bomb". The so-called "Ne-bomb" in each of the crimes of this case was obstructed by the neighboring merchants of the residential area or inflicted bodily injury on the Dong Ne-gu residents. The defendant committed each of the crimes of this case without being aware of it even though he was punished for several crimes related to violence.
However, in light of the favorable circumstances such as the Defendant’s confession of each of the instant crimes, and the Defendant’s violation of the Defendant’s punishment by mutual agreement with the entire victims of each of the instant crimes, and the fact that the said victims are not subject to punishment, the Defendant’s health condition is not good, and is faced with an economic difficult situation, as well as the Defendant’s age, sexual conduct, environment, motive and circumstance leading to the instant crimes, means and consequence, and all of the sentencing conditions indicated in the records and arguments, such as the circumstances after the instant crimes, etc., the sentence imposed by the lower court cannot be deemed unfair.
4. In conclusion, the prosecutor's appeal is without merit and Article 364 of the Criminal Procedure Act.