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

The above fine shall not be paid by the defendant.

2. There are extenuating circumstances to consider the Defendant favorable to the Defendant, such as the fact that the Defendant recognized the facts of crime and divided, that there was no record of criminal punishment since 2014, and that there was no time to interfere with business.

However, in the past, there is no evidence to prove that the defendant damaged the property of the neighboring business establishment without any particular reason or obstructed the business within the neighboring business establishment several times, was subject to criminal punishment, did not receive a letter from the damaged person, and did not endeavor to recover the damage.

In full view of the above circumstances favorable or unfavorable to the defendant, and other various sentencing conditions, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., as mentioned above, the defendant seems to require a more severe punishment, and the sentence imposed by the court below is too unreasonable and unfair.

3. Accordingly, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. In full view of the various sentencing conditions as seen in the judgment on the grounds of appeal prior to the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors.