The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

1. The decision of the court below on the gist of the grounds for appeal (3 million won in penalty) is unreasonable because it is too unfilled.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, according to the records, the defendant was sentenced to four months of imprisonment with prison labor on November 17, 2017 by obstruction of business at the Suwon Friwon, etc., and the judgment became final and conclusive on April 23, 2018. Since each crime in the judgment of the court below is in the concurrent relationship between the crime for which the judgment became final and the crime for which the judgment became final and the crime for which the judgment became final and the crime for which the judgment was made are concurrent crimes after Article 37 of the Criminal Act and the crime for which the judgment was rendered at the same time, the decision of the court below cannot be maintained in

3. Thus, the guilty part of the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the prosecutor's unfair argument of sentencing, and the guilty part of the judgment of the court below is reversed, and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts and the summary of the evidence of the defendant acknowledged by the court below are as stated in the corresponding column of the judgment of the court below, except for adding "the defendant was sentenced to four months of imprisonment on November 17, 2017 by obstruction of business at the Suwon Friwon, etc. and the judgment became final and conclusive on April 23, 2018" to "the search and judgment of the case of 1. case (the Suwon District Court 2016 order 3729, etc.)" to the summary of the evidence as stated in the corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 319 (1), 369 (1), and 366 of the Criminal Act concerning the crime, the choice of punishment, and the choice of fines;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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 (2) of the Criminal Act to attract a workhouse.