The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the records of this case revealed that the Defendant was sentenced to imprisonment with prison labor for one year and six months on October 2, 2014 with prison labor for the present main building and fire prevention in this court, and the said judgment became final and conclusive on May 29, 2015. As such, the present main building and the building reserve and the crime of interference with business, etc., for which the judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined by the punishment after considering equity in the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt the punishment. In this regard, the judgment of the

3. Accordingly, 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 judgment below is again decided as follows after oral argument.

[C] The summary of the facts constituting an offense and evidence admitted by the court is as follows: (a) the first head of the facts constituting an offense as indicated in the judgment of the court below, except for adding "the defendant was sentenced to imprisonment with prison labor for one year and six months at the Ulsan District Court on October 2, 2014 and the above judgment became final and conclusive on May 29, 2015" to "1. Each judgment and the printed matter of the consolidated case inquiry (the date of confirmation)" to the summary of the evidence as stated in the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 307(2) of the Criminal Act, Article 283(1) of the Criminal Act, and Article 283(1) of the Criminal Act, the choice of fines for the crime;

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

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.