The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

The summary of the grounds for appeal (unfair punishment) the Defendant appealed each on the grounds that the lower court’s punishment is too unfeasible and unreasonable. The prosecutor appealed each on the grounds that the lower court’s punishment is too unfasible and unreasonable.

2. The Defendant committed the instant crime during the period of suspension of execution due to the crime of interference with business despite the fact that the nature of the instant crime was extremely poor in light of the background and method of the instant crime, and that the Defendant committed the instant crime during the period of suspension of execution due to the crime of interference with business.

However, it appears that the defendant was detained for about four months in the instant case and sent the time of reflectivity. When considering the various circumstances, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, the court below's punishment seems to be somewhat unreasonable, since the defendant's assertion of unfair sentencing is justified and the prosecutor's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act (as long as the judgment of the court below is accepted and reversed, the prosecutor's appeal is not dismissed) and the defendant's appeal is again decided as follows.

[Discied Judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 3

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70(1) and 69(2) of the Criminal Act concerning the provisional payment order under Article 334(1) of the Criminal Procedure Act.