The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. We examine ex officio determination. According to the records, the defendant, on December 20, 2012, was sentenced ten months to imprisonment with labor for the crime of interference with business at Sungwon District Court's Sungnam branch on December 20, 2012, and the judgment became final and conclusive on December 28, 2012. As such, the crime of interference with business and the crime of injury in this case, for which the judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined by the punishment after considering equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt the sentence.

2. Thus, the appellant did not submit the appellate brief within 20 days after the Defendant was served with the notification of the receipt of the trial records on December 6, 2013. However, the lower court’s judgment is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant was sentenced on December 20, 2012 to imprisonment with prison labor for the crime of interference with business at the Sungwon District Court's Sungnam branch on December 20, 2012 and the judgment became final and conclusive on December 28, 2012" in the summary of the evidence; and "1..................., except for addition of the case agreement assistant and the judgment, it is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 257 (1) of the Criminal Act and Article 257 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the defendant's wrong recognition.