The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The lower court’s sentence (5,000,000 won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. According to the records of ex officio determination, on October 31, 2013, the Defendant was sentenced to 6 months of imprisonment with prison labor for the crime of interference with business, etc. at this court, 2013, and 2 years of suspended sentence, which became final and conclusive on November 8, 2013. The above crime and the crime of this case for which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to grant reduction or exemption of punishment pursuant to Article 39(1) of the Criminal Act, the sentence shall be determined. The judgment of the court below omitted the treatment of concurrent crimes, and thus, the judgment

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 again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: “The defendant was sentenced on October 31, 2013 to six months of imprisonment with prison labor and two years of suspension of execution at the Suwon District Court on the crime of interference with business, etc. on October 31, 2013, and the above judgment became final and conclusive on November 8, 2013” in the column of “the summary of evidence” after the second and seventh acts, and “the summary of evidence” in the column of “1.: the summary of the case: the summary of the case, and each written judgment,” and thus, it is identical to each corresponding column of the judgment of the court below pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (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 the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 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 Article 334(1) of the provisional payment order is that the degree of injury of the victim is not less easily, and the defendant is a violent crime.