A defendant shall be punished by imprisonment for one year.

A. Each punishment sentenced by the lower court (Article 1 and 2) by Defendant 1 and 2 (Article 8 and 2: Imprisonment with prison labor for August, suspension of execution for 8 months, 2 years of community service order, 120 hours of community service order, and 40 hours of attendance order) is too unreasonable.

B. The above sentence imposed by the court of first instance by the prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the judgment of the court of first instance and the judgment of the court of second instance against the defendant are pronounced respectively, and the defendant and the prosecutor filed each appeal against the judgment of the court of second instance, and the court of second instance decided to jointly examine each of the above appeals cases.

However, the judgment of the court below against the defendant should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. As such, the judgment of the court below cannot be maintained

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the alleged unfair sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with

Application of Statutes

1. Article 136 (1) of the Criminal Act, Article 136 (1) of the same Act, Article 258-2 (1), Article 257 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 257 (1) of the same Act, Article 257 (1) of the same Act, the applicable provision of the relevant criminal facts, the choice of punishment for an injury, and the choice of imprisonment;

1. Of concurrent crimes, the Defendant for the reason of sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act is the crime of interference with business in 2017.