The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 1.5 million (a fine of KRW 1.5 million) is too unreasonable.

2. According to the records of ex officio determination, the Defendant may be found to have been sentenced to ten months from the Incheon District Court to imprisonment with labor for the crime of interference with business, etc. on April 30, 2014, and such judgment became final and conclusive on August 29, 2014.

As the crime of this case is related to the crime subject to the above final judgment and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined after considering equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act.

In this respect, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again 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 to ten months of imprisonment with prison labor by the Incheon District Court on April 30, 2014 and the judgment became final and conclusive on August 29, 2014” in the first part of the facts charged of the judgment below; “1. Criminal records: the search by the Incheon District Court on April 30, 2014 and the search by the case by the Incheon District Court on August 29, 2014; the search by the case by the Incheon District Court on April 20, 2014; the Incheon District Court on March 339, 2014 and the judgment by the Incheon District Court on February 339, 20

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 Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the victim is not punished against the defendant, and the crime of this case is committed in the latter part of Article 37 of the Criminal Act such as the crime of interference with business for which the judgment becomes final and conclusive.