The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unreasonable.

2. Before determining the grounds for appeal ex officio, the Defendant was sentenced to four months of imprisonment with prison labor at the Gwangju District Court on November 13, 2013, and the judgment became final and conclusive on February 4, 2014. As such, the crime of interference with business for which judgment became final and conclusive and each of the instant crimes in relation to the crime of interference with business under the latter part of Article 37 of the Criminal Act constitutes concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and after examining whether to reduce or exempt punishment in consideration of equity and the case where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, the lower judgment that did not reach such

3. Therefore, 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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: "The defendant was sentenced to four months of imprisonment for the crime of interference with business at the Gwangju District Court on November 13, 2013 and the judgment became final and conclusive on February 4, 2014" in the first head of the facts charged by the court below, and the summary of the evidence is as stated in the corresponding column of the court below, except for addition of "the summary of the agreement: the summary of the case agreement, the auxiliary statement of the case, and each written judgment" in the summary of the evidence, and therefore, it is cited as it is in accordance with

Application of Statutes

1. Relevant Articles 314(1) and 314(1) of the Criminal Act, Article 298 of the Criminal Act, Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, the choice of fines for each crime;

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

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

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

1. The order of provisional payment;