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The prosecutor's appeal is dismissed.
Reasons
1. Of the facts charged in the instant case, the lower court dismissed the prosecution as to each assault against the victim C and the victim F, and convicted the remainder of interference with business. The Prosecutor appealed on the remaining part of the lower judgment, excluding the dismissal of prosecution, on the ground of unfair sentencing as follows. As such, each of the dismissed parts of the lower judgment, which the Defendant and the Prosecutor did not appeal, was separated and finalized as it is.
Therefore, the scope of the judgment of this court shall be limited to the conviction except the above dismissed dismissal part among the judgment below.
2. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.
3. Considering the fact that the Defendant, who had been subject to multiple criminal punishment due to the same type of crime of interference with business as the instant case, committed an inhuman violent crime against an extremely weak elderly victim without being aware of the fact that he/she was in the period of repeated crime, etc., it is necessary to recognize the Defendant as being subject to strict criminal punishment and the seriousness of punishment through strict criminal punishment.
However, the defendant appears to have committed the crime of this case while committing the crime of this case, and the victim does not want the punishment against the defendant by making a smooth agreement with the victim, and the crime subject to punishment can be limited to the obstruction of business, which stores garbage in front of the beauty room entrance, and the degree of its behavior and damage may be relatively minor. The defendant was sentenced to one year of imprisonment with prison labor for the crime of interference with business, etc. immediately after the crime of this case, and completed the execution of the sentence, and is bound by another crime after the crime of this case, and is now under the first instance trial. It is equitable in the case where one year of imprisonment with prison labor was punished together with the crime of interference with business, etc. for which the sentence of this case became final and conclusive.