All judgment of the court below shall be reversed.

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

A fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (the first instance court’s fine of KRW 8 million, the second instance court’s fine of KRW 1.5 million, the second instance court’s fine of KRW 1.5 million), which the court below rendered, is too heavy (the defendant), or it is too heavy (the prosecutor, and the first instance court’s fine of KRW 1.5 million).

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

The judgment of the court below in the first and second instances against the defendant was rendered, and the defendant filed an appeal against it, and this court decided to hold a joint hearing of the two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. As such, the first and second judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the judgment of the court below as to the improper sentencing of the defendant and the prosecutor, and it is so decided as follows through a new theory of change.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the corresponding column of the judgment below, except for the addition of “1. Defendant’s trial testimony at the court below” to the summary of evidence, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines, respectively, for the crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Circumstances unfavorable to the reasons for sentencing under the main sentence of Article 186(1) of the Criminal Procedure Act, which bear the costs of lawsuit: The following is the fact that a person has committed a crime interfering with his/her duties and committed a crime of interference with re-operation and damage to property after finding the same place on the following day, and is a majority of the previous criminal records and a crime committed during the period of repeated offense