The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

provided that this ruling has become final and conclusive.

1. The lower court rendered a judgment dismissing public prosecution on the insult of the facts charged in the instant case, and sentenced the remainder of the facts charged to conviction.

However, since only the Defendant appealed on the guilty portion on the grounds of unreasonable sentencing as follows, the dismissal of the public prosecution is separated and finalized as it is, the foregoing dismissal of the public prosecution is excluded from the scope of the judgment in this Court.

2. The decision of the court below on the summary of the grounds for appeal (two-month imprisonment, two-year suspended sentence, one hundred and twenty-hours of community service, and forty-hours of alcohol treatment programs) is too unreasonable.

3. The lower court, based on its reasoning of sentencing, determined the above sentence against the Defendant.

However, considering the Defendant’s age, occupation, character and behavior, environment, background of the crime, circumstances after the crime, etc., as well as all of the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, occupation, character and behavior, environment, circumstance of the crime, etc., as well as the fact that the Defendant did not have any history of criminal punishment in addition to only one fine, and the victim of the crime of interference with business is not only wanting to be punished against the Defendant, but also making every effort to recover damage by compensating for the repair cost of the damaged small wave, etc., the sentence of the lower court is somewhat unreasonable.

4. In conclusion, since the defendant's appeal is well-grounded, the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided again as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and a summary of evidence, and the summary of the evidence is identical to each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;