The judgment of the court below is reversed.

Punishment on the accused shall be determined as a fine of 700,000 won.

The above fine shall be imposed on the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 1.5 million) is too unreasonable.

2. Before judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to imprisonment with prison labor for a period of one year on December 8, 2016, by obstructing business operations by the Suwon Friwon, etc., and the judgment became final and conclusive on March 30, 2017.

As above, the crime of this case committed by the defendant and the crime of interference with the duties for which judgment became final and conclusive, in relation to concurrent crimes by the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt the punishment in consideration of equity in cases where the punishment is concurrently determined pursuant to Article 39(1)

Therefore, the judgment of the court below can no longer be maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and the evidence admitted by the court and the summary of the evidence are the first head of the facts constituting an offense. The judgment was finalized on March 30, 2017 after the Defendant was sentenced to one year of imprisonment with prison labor on December 8, 2016 by obstructing business operations at the Suwon Friwon, etc.

In addition, “the Defendant’s legal statement” in the summary of the evidence is changed to “the Defendant’s original trial statement”, and the summary of the evidence is the same as that of each corresponding part, except for the addition of “the Defendant’s previous trial statement: the Defendant’s original trial statement; and each written judgment,” thereby citing it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 319(1), 257(1), and 366 of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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