Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

A. The punishment sentenced by the lower court (2 million won) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Before the judgment on each of the grounds for appeal by the Defendant and the prosecutor ex officio, according to the statement made by the Defendant at the court of first instance, the Defendant may be found to have been sentenced to six-month suspension of execution of imprisonment on February 9, 2017 by obstructing business operations at the Busan District Court and the judgment became final and conclusive on February 17, 2017. As such, the crime of obstructing business operations, etc., for which judgment became final and conclusive, is related to concurrent crimes under Article 39(1) of the Criminal Act by taking into account the case of concurrent crimes under Article 37 of the Criminal Act with regard to which judgment is to be rendered at the same time under Article 39(1) of the Criminal Act, and thus, the judgment of the lower court cannot be upheld in this respect.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the unlawful arguments of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: “The Defendant was sentenced to 2 years of imprisonment with prison labor on February 9, 2017 by interference with business affairs at the Busan District Court and the judgment became final and conclusive on February 17, 2017” in the first head of the lower judgment’s criminal history and the summary of the evidence as to the facts charged by this court; and except for adding “1. A criminal record before judgment: the Defendant’s own trial statement: the Defendant’s own trial statement” in the column of the evidence as stated in each corresponding column of the lower judgment, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 141 (1) of the Criminal Act applicable to the relevant criminal facts and Article 141 of the choice of punishment (Selection of penalty);

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;