The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is highly likely to repeat the crime of this case, even though the defendant has strong violent inclinations, such as 17 times the same force, and is in the period of repeated crime as a result of the same crime of interference with business.

Even before the instant case, it is difficult to view that the Defendant committed the instant crime even before the instant case, even though having been punished by a fine due to the crime of intrusion.

In light of this, the sentence (7 million won of fine) imposed by the court below is too unhued and unfair.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the sentencing conditions compared with the original judgment because new sentencing materials have not been submitted at the trial court. In full view of all the reasons for sentencing indicated in the record of the instant case, the lower court’s sentencing is too unfeasible and so it cannot be deemed that the lower court exceeded the reasonable scope of discretion.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.