The judgment of the court below is reversed.

A fine of two million won shall be imposed on a defendant.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the penalty (4 million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Before determining the grounds for appeal, the records show that the Defendant, on March 20, 2014, was sentenced to imprisonment with labor for a period of one year and three months with labor for the crime of interference with business at the Changwon District Court on March 28, 2014, and the said judgment became final and conclusive on March 28, 2014. As such, the crime of interference with business, etc., for which the judgment became final and conclusive, are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of interference with business, etc., of which judgment became final and conclusive at the same time in accordance with Article 39(1) of the Criminal Act, and after considering

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following decision is made through oral argument.

Criminal facts

The summary of the evidence and the facts charged by the Defendant and the summary of the evidence admitted by this court are as follows: (a) except for adding “the Defendant was sentenced to one year and three months from March 28, 2014 by the Changwon District Court for obstruction of business, etc. and the judgment became final and conclusive on March 28, 2014” to the first head of the lower judgment’s criminal facts constituting the crime, and thus, it is identical to each corresponding column of the lower judgment pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 (1) of the Criminal Act (a point of interference with business) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act among the crimes of insult;

1. Selection of each alternative fine for punishment;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The order of provisional payment;