Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

2. According to the records of ex officio determination, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of interference with business on March 25, 2020 in this Court Decision 2020Kadan660, which became final and conclusive on May 18, 2020 as the withdrawal of the Defendant’s appeal (this Court Decision 2020No608). Since the crime in the judgment of the court below is in the relation of concurrent crimes between the crime of interference with business for which judgment became final and conclusive and the latter part of Article 37 of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt punishment pursuant to Article 39(1) of the Criminal Act. In this regard, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, which omitted the prosecutor's decision on the assertion of unfair sentencing, on the ground of ex officio reversal, and the following decision is again rendered after pleading.

[C] The summary of the facts of the crime and the evidence admitted by the court of this Court is to add "the defendant is a person who was sentenced on March 25, 2020 by the Seoul Southern District Court for the crime of interference with business on March 25, 2020 and was confirmed on May 18, 2020" to all the facts of the facts of the crime in the judgment of the court below, and the summary of the evidence is to be cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for adding "1.............................."

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act that the defendant has been punished for the same kind of crime, and commits again during the period of repeated crime.