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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The grounds for appeal by the prosecutor are the reasons for appeal by the defendant that the punishment prescribed by the court of the original instance (six months of imprisonment) is too unreasonable because it is too unreasonable, and the prosecutor's appeal is too unreasonable.
2. The Defendant’s liability for the offense is not against the law, because of the physical force of avoiding the language violence and disturbance that lead to serious insult, thereby obstructing or obstructing another’s business operation for three hours.
The victim was unable to receive the victim's statement.
There are several criminal records, and social convictions are not strong.
On the other hand, it seems that the defendant led to the confession and reflect of the crime, and the economic difficulty seems to be difficult.
A person who was punished was only 11 cases, and was sentenced to a fine, and was only 2 cases for the past five years (a fine of 700,000 won for fraud in 2014, and a fine of 2 million won for damage to property for insult in 2017). The court of the lower judgment determined the sentence against the Defendant by taking account of the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, it shall not be deemed that the lower court’s punishment is too unreasonable.
It is too minor that they are light.
It is also difficult to see it.
3. In conclusion, the grounds for appeal by the defendant and the prosecutor are not reasonable, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.
The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.