The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. The sentencing of the lower court (the suspended sentence of KRW 500,000,000) is deemed to be too unfilled and unfair.

2. Ex officio determination

A. Reviewing the reasoning for appeal ex officio prior to the judgment on the grounds for appeal, the record reveals that the Defendant was sentenced to three years of imprisonment with prison labor for the crime of assault and death in Seoul High Court Decision 2014No1321 on July 11, 2014, and appealed by Supreme Court Decision 2014Do9042 on September 5, 2014, but the said judgment became final and conclusive on the same day.

Therefore, the crime of interference with business at the time of the original adjudication is related to the crime of assault and death for which judgment has become final and the crime of interference with business under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equality in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act.

B. In addition, under Article 39(1) of the Criminal Act, where a sentence is imposed for a crime which has not been adjudicated among the latter part of Article 37 of the Criminal Act, the sentence is included in the “previous conviction sentenced to suspension of qualification or heavier punishment” under the proviso of Article 59(1) of the Criminal Act regarding the requirements for suspension of sentence with respect to “the crime for which judgment to be sentenced to imprisonment without prison labor or heavier punishment has become final and conclusive” under the latter part of Article 37 of the Criminal Act (see Supreme Court Decision 2010Do931, Jul. 8, 2010), and the lower court which has suspended the sentence against

3. In conclusion, the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts and evidence admitted by this court is the facts and the summary of the evidence, and the "criminal facts" in the reasoning of the judgment of the court below shall be punished by imprisonment with prison labor for assault in Seoul High Court Decision 2014No1321, Jul. 11, 2014.