The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 1.5 million (a fine of KRW 1.5 million) is too unreasonable.

2. 판단 이 사건 각 범행은 피고인이 시숙(媤叔) C가 경영하는 식당에 찾아가 욕설을 하며 영업업무를 방해하고 싸움을 한 것이어서 그 죄질을 가볍게 볼 수만은 없다.

However, there is no history that the defendant was punished for the same crime. In this case, although C promised to subsidize the living expenses of the defendant's husband and wife for the use of the equipment prepared by the defendant in operating a restaurant instead of the defendant, it is necessary to take into account the background and circumstances, there is a little reason to consider C's failure to comply with it, and the defendant was also assaulted by C. Above all, the defendant recognized the error during the second trial date of the trial and did not expand the dispute with C. Thus, the risk of re-offending is likely to be resolved almost, and the defendant's age, character and behavior, environment, etc. are taken into account.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is the same as the corresponding part of the judgment of the court below, except for the addition of the "written statement of the defendant at the trial" as evidence, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 314 (1) of the Criminal Act (the point of interference with business), and the selection of fines for the crime;

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;