The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

The gist of the grounds for appeal by the prosecutor is that: (a) the Defendant repeatedly committed the crime of interference with business in this case at the same place; (b) there are several penalties; (c) among them, the records of punishment for the same kind of crime as this case include the records; and (d) it cannot be deemed that the Defendant is genuine, such as being drunk at the sentenced date of the judgment by the court below; and (c) it is unreasonable that the sentence of a fine of KRW 5 million imposed by

In light of the following circumstances: (a) the nature of the instant case, which interfered with business three times at the same business establishment, was poor; (b) the Defendant had been punished 13 times, and the Defendant had been punished up to 13 times, and (c) the Defendant had been punished for the same crime of interference with business as in the instant case included three times, and there was no effort by the Defendant to recover from damage; and (d) other circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., the sentence imposed by the lower court seems to be unreasonable.

Therefore, since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence is the same as that of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the same Act concerning the selection of punishment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant makes a confession of and reflects on the crime);

1. Probation and community service order under Article 62-2 of the Criminal Act;