All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The punishment sentenced by Defendant 2 (the penalty amounting to KRW 5 million) is too unreasonable.

B. Each sentence (the first instance judgment: the fine of KRW 7 million, and the second instance judgment: the fine of KRW 5 million) declared by the prosecutor by the lower court is too uneased and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the defendant and the prosecutor filed an appeal against the judgment of the court below, and the pleadings have been combined in the trial. Since each of the offenses the judgment of the court below issued are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below that rendered a separate sentence for each of the above offenses cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining each of the unfair arguments of sentencing by the defendant and the prosecutor, on the grounds that there are grounds for reversal ex officio as seen above, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of interference with business against victims G with the largest punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., of community service order and order to attend lectures, shall be punished by a fine not exceeding ten hundreds.