The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The lower court’s sentence (five million won of a fine) against the Defendant as to the summary of the grounds for appeal is unreasonable as it is too unhued.

2. On August 13, 2020, the fact that the judgment below became final and conclusive on September 9, 2020 by the Jeju District Court rendered a sentence of eight months of imprisonment for the crime of indecent act by compulsion, etc. is significant in this court.

Therefore, since the crime of interference with business and the crime of indecent act by compulsion against the defendant, which became final and conclusive in the judgment of the court below, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for each crime shall be imposed in consideration of equity in the case of concurrent judgment according to the main sentence of Article 39(1) of the Criminal Act, so the judgment below

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's above assertion of unfair sentencing, and it is again decided as follows through pleading.

【The reasons for the judgment of multiple times】 The facts constituting a crime and the summary of the evidence admitted by the court below are added to the first head of the crime of the court below, which is "the defendant was sentenced to eight months of imprisonment by force due to the indecent act by force at the Jeju District Court on August 13, 2020 and the judgment became final and conclusive on September 9, 2020." The summary of the evidence of the court below is the same as the entry in each corresponding column of the court below, except for adding "1. the criminal record: the defendant's own trial testimony at the court of first instance, and substantial facts at this court" to "the defendant's own trial testimony at this court."

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences by law: Fines of 50,000 to 15,00,000; and

2. Sentence;