The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The penalty (fines 5,000,000) pronounced by the original court which is the summary of the grounds for appeal is too unhued and unreasonable; and

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

According to the records, the Defendant, at the Seoul Northern District Court on May 18, 2016, sentenced six months of imprisonment with prison labor for the crime of interference with business and obstruction of performance of official duties, on July 20, 2016. As such, the crime of interference with business for which judgment became final and conclusive, the crime of obstruction of performance of official duties, and the crime of injury of this case committed before the said judgment becomes final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced in consideration of equity with the case where judgment is rendered at the same time under Article 39(1) of the Criminal Act. Thus, the lower court’

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground that the above reasons for reversal of authority are the above, and it is again decided as follows.

Criminal facts

The summary of facts and evidence acknowledged by this court is identical to each corresponding column of the judgment of the court below, except for adding "a person who was sentenced on May 18, 2016 by the Seoul Northern District Court to the crime of interference with business and the crime of obstruction of performance of official duties on July 20, 2016" in the front of " August 8, 2015" in the first instance of criminal facts, and whose judgment has become final and conclusive on July 20, 2016."

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act is that the Defendant committed the instant crime without being aware of during the suspension period of execution of imprisonment due to the crime of obstruction of performance of official duties, etc., and the victim’s injury is serious.