The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to four million won) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

The term "crimes punishable by imprisonment without prison labor or heavier" under Article 35 (1) of the Criminal Act refers to crimes punishable by imprisonment with prison labor or imprisonment with prison labor with prison labor, and where a fine selected among the punishments prescribed for such crimes is a fine, it shall not be subject to the aggravation of repeated crimes (see Supreme Court Decision 82Do1018, Jul. 27, 1982). The lower court, even if the court selects the instant crime as a fine and applied Article 35 of the Criminal Act, committed an offense subject to the aggravation of repeated crimes, and thereby affected the judgment by applying Article 35 of the Criminal Act, which affected the conclusion of the judgment. Accordingly, the lower judgment cannot be maintained.

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

[Re-written judgment] The defendant, at around 09:30 on June 13, 2017, at a restaurant operated by the victim D located in Nam-gu, Nam-gu, Chungcheongnam-gu, Nam-gu, Seoul on a 017.6. 13. 09:30, the defendant broken the defendant under the influence of alcohol to the sobry so that he she could do so. "Isk for the reason that he told to the purport that he would do so," the victim "Iskh dyp hyp hyp hyp hyp hyp hyp

씹새끼! 개새끼! 이 새끼 두고 봐! "라고 큰소리로 욕설하는 등 소란을 피워 다른 손님들이 식당에 들어오지 못하게 함으로써 위력으로 피해자의 식당 영업을 방해하였다.

Summary of Evidence

1. Statement in the original instance by the defendant

1. Statement made by the police against D;

1. On-site photographs;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to investigation reports (verification of the degree of interference with business);

1. Article 314 of the Criminal Act applicable to the crime and Article 314 of the choice of punishment.