The judgment of the court below is reversed.

Defendant shall be punished by a fine of 6 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 (amounting to 6 million won) is too unreasonable.

2. On September 5, 2016, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for the crime of injury, etc. in the Sungnam branch of Suwon branch of Suwon branch of Korea on September 5, 2016, and the said judgment became final and conclusive on September 13, 2016. On February 21, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of interference with business from the Suwon branch of Suwon branch of Korea on April 27, 2018.

Therefore, each of the crimes in the judgment of the court below against the above injury and the defendant for which the judgment of the court below became final and conclusive shall be sentenced to punishment for the crimes 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 as it is.

3. 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 of the court below is reversed and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence admitted by the court and the summary of the evidence are as follows. The first head of the facts constituting an offense in the original judgment of the court below, “The defendant was sentenced to two years of suspension of execution on September 13, 2016 in prison for six months due to the crime of bodily injury, etc. in the support of Suwon Friwon Griwon Sungnamwon, and the above judgment became final and conclusive on September 13, 2016. On February 21, 2018, the above judgment was finalized on April 27, 2018 by being sentenced to six months of imprisonment by interfering with business by the Suwon Friwon,

Except for the addition of “,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 of the Criminal Act and Article 257 (1) of the Criminal Act and the selection of fines for criminal facts;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. The order of provisional payment;