Defendant

All appeals by prosecutors are dismissed.

1. According to the records as to the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on April 4, 2012, but on August 23, 2012, the Defendant did not submit the statement of grounds of appeal within 20 days, which is the deadline for submitting the statement of grounds of appeal under Article 361-3(1) of the Criminal Procedure Act, even though he/she was served with the notification of the receipt of the trial record by this court on August 23, 2012.

2. As to the prosecutor’s appeal

A. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and two years of suspended execution) is too unhued and unreasonable.

B. In light of the fact that the Defendant committed the same kind of crime two times during the short period of time, and that the victim’s damage caused by the obstruction of the Defendant’s business would not be considerable, it cannot be deemed that the nature of the crime is good.

However, considering the fact that the defendant's attitude of committing the crime of this case was not an active behavior of violence, and all of the sentencing conditions shown in the arguments of this case such as the defendant's age, character and conduct, and circumstances of crime, the prosecutor's assertion is without merit since the court below's punishment is too uneasible.

3. In conclusion, the defendant's appeal shall be dismissed by decision under Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act. However, as long as the above decision is rendered with respect to the prosecutor's appeal, the defendant's appeal shall also be dismissed by decision, and since the prosecutor's appeal is without merit, it shall be dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It