All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The defendant did not interfere with the work of the victims of mistake of facts.

B. Each sentence (the first instance judgment: the fine of KRW 700,00,000, and the second instance judgment: the fine of KRW 500,000) imposed by the lower court is too unreasonable.

2. Determination

A. This court held ex officio cases of appeal against the judgment of the court below jointly and tried.

Since each crime in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, there is a reason for ex officio destruction.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of facts, and this is examined below.

B. According to the evidence duly adopted and examined in the lower court’s judgment as to the Defendant’s assertion of mistake of facts, the fact that each victim interfered with his/her work can be sufficiently recognized by putting alcohol on the date and place under the influence of alcohol at the same time and place as indicated in each of the lower judgment.

The judgment of the court below which found the defendant guilty of each charge is just, and there is no error of law by mistake.

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

Criminal facts

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

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of interference with business of the victim H), Articles 314(1) and 30 of the Criminal Act (the point of interference with business of the victim D), and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;