The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. Before determining the grounds for appeal by the prosecutor of the judgment, the records show that the Defendant was sentenced to six months of imprisonment with labor from the Suwon District Court’s Sungnam Branch for the crime of interference with business on September 27, 2013, and the above judgment became final and conclusive on October 5, 2013. The crime of interference with business for which judgment became final and conclusive and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case is determined after considering equity and the case at the same time under Article 39(1) of the Criminal Act and examining whether to reduce or exempt punishment. Thus, the judgment of the court below cannot be upheld.

2. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the prosecutor's argument of unfair sentencing, on the grounds of ex officio reversal.

Criminal facts

The summary of the facts and evidence admitted by this court is to add "criminal facts" to all the facts of "criminal facts" as stated in the judgment of the court below, and the above judgment became final and conclusive on October 5, 2013, after having been sentenced to six months of imprisonment with labor from the Sungwon District Court's Sung-nam Branch for the crime of interference with business on September 27, 2013." The summary of "the summary of evidence" is to add "1. criminal records: judgment and results of the case inquiry" to "the records corresponding to each corresponding column of the judgment of the court below," and it is to be cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 185 of the Criminal Act, the choice of punishment for the crime, Article 185 of the Criminal Act, Article 311 of the Criminal Act, and the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with 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 of Articles 70 and 69(2) of the Criminal Act is to recognize the criminal defendant and to reflect his mistake.