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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not interfere with the business of a restaurant and entertainment room of the victims, such as the lower court found guilty.
B. The punishment (the first instance court: the fine of 2 million won, and the second instance court: the fine of 500,000 won) imposed by each court below on the defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the case of this Court No. 2013No3912, which is the appeal case against the judgment of the court of first instance, and the case of this Court No. 2013No3957, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance. Each of the offenses committed by the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and all of the offenses committed by the court of second instance shall be punished by a single sentence within the scope of aggravated concurrent crimes under Article 38(1) of the Criminal
3. The judgment of the court below on the assertion of mistake of fact should be examined since the defendant's assertion of mistake of fact is still subject to the judgment of the court.
Comprehensively taking account of the evidence duly adopted and examined by each court below, the defendant can sufficiently recognize the fact that the defendant obstructed the victims' business by means of abusiveing the victims or paying time fees to customers in the restaurant or entertainment room operated by the victims as stated in the judgment of each court below. Thus, the defendant's assertion of mistake of facts is without merit.
4. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining all the judgment of the court below on the defendant's allegation of unfair sentencing, on the ground of the above reasons for reversal of authority, and it is again decided as follows
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court shall be the 1.