The prosecutor's appeal is dismissed.

1. 항소이유의 요지 피고인이 이른바 ‘주폭(酒暴)’으로 별다른 이유 없이 피해자에게 욕설을 하는 등 위력을 과시하여 업무를 방해하였고, 동종 범행으로 여러 차례 처벌받은 전력이 있어 재범의 위험성도 우려되는 점 등을 감안할 때 원심의 형(벌금 200만 원)은 너무 가벼워서 부당하다.

2. In light of the unfavorable circumstances pointed out by the public prosecutor, and the fact that the defendant repeatedly commits a crime when drinking alcohol, warning to the defendant is needed to comply with the prevention of recidivism.

However, it is reasonable to maintain the sentence imposed by the court below in full view of the following circumstances: (a) the Defendant divided the Defendant’s mistake into depth and agreed with the owner of the damaged business (see, e.g., Supreme Court records 27 pages); (b) the Defendant’s staff member was somewhat infinite and did not participate in it and the circumstances attached thereto were added to the Defendant’s appearance; and (c) other various circumstances, which are the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, and environment, are taken into account.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.