The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. Although the defendant appealed against the judgment of the court below, it did not state the grounds for appeal in the petition of appeal, and did not submit the reasons for appeal within 20 days, which is the period for submission of legitimate reasons for appeal, even though he received a notice of receipt of the record of trial from the court of appeal, this paper examines ex officio whether the judgment below is illegal.

According to the records of this case, on October 12, 2017, the Defendant was sentenced to a suspended sentence of two years and a fine of three million won on October 20, 2017 by obstructing business operations at the Incheon District Court, which became final and conclusive on October 20, 2017. As such, the crime for which judgment became final and conclusive and the crime of this case are concurrent crimes in relation to a group after Article 37 of the Criminal Act, and the punishment of this case is determined in consideration of equity and the case of concurrent crimes pursuant to Article 39(1) of the Criminal Act. Therefore, the lower judgment cannot be maintained in this respect.

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the ground that there is a ground for ex officio reversal, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence acknowledged by this court is the first head of the judgment below’s “criminal facts” as stated in Article 1 of the sentence of the court below. The judgment of the court below became final and conclusive on October 20, 2017, upon receiving a suspended sentence of two years and a fine of three million won in imprisonment with prison labor for the reason of interference with business affairs from the Incheon District Court on October 12, 2017.

With the exception of adding “other than the foregoing,” it is identical to the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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