The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The defendant and his defense counsel withdrawn the allegation of mistake of facts and mental and physical disorder among the grounds for appeal during the first trial.

The crime of assault, which is recognized by the court below, constitutes "defluence," which is the constituent element of the crime of interference with business of this case, and therefore cannot be deemed to constitute a crime of assault separately from the crime of interference with business. Even if the crime of assault is established, the crime of interference with business and the crime of assault are in a mutually competitive relationship, and the court below erred by misapprehending the legal principles, which recognized the establishment of the two crimes

B. The lower court’s sentence (three million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the court below on January 23, 2014, the defendant was sentenced to six months of imprisonment for an assault at the Incheon District Court on January 23, 2014, and the judgment became final and conclusive on April 19, 2014. Since the crime in the judgment of the court below is in the concurrent relationship between the above assault crime for which judgment has already become final and the latter part of Article 37 of the Criminal Act, since the crime in the judgment of the court below is in the concurrent relationship between the above assault crime and the crime in the latter part of Article 37 of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and the case where a judgment is rendered at the same time pursuant to

B. Decision 1 on the assertion of misapprehension of legal principles is that the Defendant’s assertion of misapprehension of legal principles is still subject to the judgment of the court. 2) Whether the crime of assault is established and the crime of interference with business is different from the elements of the crime and the legal interests protected by the law. The crime of interference with business does not involve an act of assault against the people generally and exclusively at the establishment of the crime of interference with business.