The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 million won in penalty) is too uneasy and unreasonable.

2. There are favorable circumstances such as the defendant's recognition of all of the crimes of this case and the reflection and agreement with the victims.

However, each of the crimes of this case is not good that the defendant thrown away clothes at the funeral hall of the workplace and damages equipment by throwing away or destroying it by force and interfered with the business of the funeral hall by force. The defendant has already been subject to criminal punishment several times due to violent crimes. In particular, the defendant committed each of the crimes of this case without being able to do so during the period of repeated crimes released by the defendant, and is highly likely to repeat the crime of this case.

Considering the unfavorable circumstances such as the appearance of the court and all the circumstances that are conditions for sentencing as stipulated in Article 51 of the Criminal Act, considering the favorable circumstances above, the sentence imposed by the court below is deemed unfair as it is deemed unfair.

We accept the prosecutor's improper arguments in sentencing.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Re-use of the judgment of the court below] The summary of the facts constituting the crime and the evidence acknowledged by the court below are deleted from the part of the crime column [criminal records] and the part of the summary of the evidence column “before the judgment of the court below,” and the part of the criminal facts column “the person holding the funeral ceremony of the victim D Hospital” as “the person holding the funeral ceremony of the victim D Hospital” is the same as the corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of interference with business, the selection of fines) regarding criminal facts, and Article 366 of the Criminal Act (the point of destroying property and the selection of fines).