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

The above fine shall not be paid by the defendant.

2. In light of the fact that the Defendant committed the instant crime since he/she was sentenced to four months of imprisonment with prison labor for the crime of interference with business on June 28, 2013 and was under the control of four months for the crime of interference with business on June 28, 2013, and the execution of the sentence was completed on August 16, 2013, the Defendant should be punished with severe punishment.

However, considering the fact that the injury suffered by the victim is not significant due to the crime of this case, the fact that the defendant agreed with the victim, the fact that the defendant seems to have reflected his mistake during the period of detention for more than two months, and other factors of sentencing as shown in the arguments and records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., it is deemed that the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by the court is identical to the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the selection of fines);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;