The judgment below

The part against the defendant shall be reversed.

The defendant shall be exempted from punishment.

1. The summary of the grounds for appeal (unfair sentencing) explicitly withdrawn all of the remaining arguments except unfair claims on the first trial date.

The sentence of the lower court (hereinafter referred to as 300,000 won) is too unreasonable.

2. There are several circumstances in which the frequency of the crime is determined.

However, in light of all the favorable circumstances such as the circumstance leading up to the instant crime, the fact that the Defendant recognized the instant crime for the first time, the property value of the property damaged by the instant crime is not so significant, the instant crime is in a concurrent crime relationship between the obstruction of business affairs as indicated in the judgment of the court below and the obstruction of business affairs as indicated in the judgment of the court below, and the obstruction of the latter part of Article 39 of the Criminal Act, and the equality with the case to be judged at the same time, and there is no record of criminal punishment other than the fines imposed twice due to drinking, and the fact that the dispute has been actually settled by mutual agreement with the victim in the relevant civil procedure, it is deemed unfair by taking into account all the circumstances that form the conditions for sentencing as stipulated in Article 51 of the Criminal Act as stated in the theory of the records and changes, such as the background leading up to the instant crime, the circumstances after the crime

We accept the defendant's unfair argument in sentencing.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 366 of the Criminal Act, Articles 366 and 30 of the Criminal Act, and the choice of fines for criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The latter part of Article 39(1) of the Exempted Criminal Code (the foregoing sentencing is unfair).