The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The penalty of the court below (the fine of KRW 3,00,000) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. Examining ex officio prior to the judgment on the grounds for appeal ex officio, the Defendant was sentenced to four months of imprisonment with labor by the District Court on February 14, 2014 due to the crime of interference with business, etc. on February 22, 2014. The judgment of the lower court against the Defendant was finalized on February 22, 2014. Since the crime of the lower judgment against the Defendant is in a concurrent relationship with the crime of interference with business, etc. under the latter part of Article 37

3. According to the conclusion of the judgment below, the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again ruled as follows after hearing.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as that of the judgment below. Thus, all of the facts charged and evidence are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the choice of a fine for the crime, the choice of a penalty, and the selection of a fine for the crime;

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. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act leads to ten times the previous case and the defendant were identical to the defendant. However, in relation to the crime of this case with the crime of interference with business finalized on February 22, 2014 and the crime of this case with concurrent crimes under the latter part of Article 37 of the Criminal Act, the principle of equity in the case where the defendant was tried shall be taken into account. Other factors such as the defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be comprehensively considered in light of the sentencing conditions