The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

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 (one million won penalty) is too unreasonable.

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

According to the records, the defendant was sentenced to seven months of imprisonment by the Seoul Southern District Court on September 10, 2015, and the judgment became final and conclusive on November 26, 2015.

Therefore, the crime of obstruction of business and the crime of obstruction of business in the judgment of the court below against the defendant which became final and conclusive shall be sentenced to punishment for the crime in consideration of equity in the case where the judgment is to be rendered at the same time in accordance with Article 39 (1) of the Criminal Act, and therefore the judgment of the court below cannot be maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The criminal facts and summary of evidence acknowledged by the court and the summary thereof were the first head of the lower judgment’s criminal facts. The judgment on September 10, 2015, which became final and conclusive on November 26, 2015, on the ground that “The Defendant was sentenced to imprisonment with labor for a violation of business operation and a violation of official duties by the Seoul Southern District Court on September 10, 2015.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, in addition to adding “1. A copy of each judgment” to the column for the evidence, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, recognized and reflected the instant crime.

On the other hand, however,