A defendant shall be punished by imprisonment for not less than eight months.

The original judgment in 2020No2239 is the case.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The first and second original judgments were sentenced to each of the defendants, and the defendant filed each appeal against the first and second original judgments, and the court decided to hold the first and second original judgments together with the case of the second and the second original judgment.

Since each crime of the first and second original judgments is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act, the first and second original judgments cannot be maintained any more.

3. As the judgment of the court of first and second trials on the grounds of the above ex officio reversal, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's respective arguments on unfair sentencing, and it is again decided as follows through pleading.

【Reason used in multi-level judgment】 The facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for adding “the defendant’s statement in this court” to “the summary of evidence” in the first instance judgment, and thus, it is identical to the corresponding column of the judgment below.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the crime of interference with business as of October 3, 2019, the most severe punishment and punishment for concurrent crimes);

1. Reasons for sentencing under the main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Interference with Business) (Determination of type);