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

However, the period of two years from the date this judgment becomes final and conclusive.

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

According to the records, the defendant was sentenced to a suspended sentence of two years, observation of protection, and a community service order of 120 hours in October on August 22, 2019 by obstructing business operations at the Daejeon District Court on August 22, 2019, and such judgment became final and conclusive on January 21, 2020.

Since the crime of the judgment of the court below against the defendant and the crime of obstruction of business for which the judgment of the court below became final and conclusive, a punishment for each crime as stated in the judgment of the court below shall be sentenced in consideration of the equity between the cases where the judgment is to be rendered simultaneously pursuant to Article 39 (1) of the Criminal Act

Therefore, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, on the ground that the above grounds for appeal are reversed ex officio. The judgment below is reversed and it is so decided as follows.

[Grounds for the new judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are all criminal facts. "The defendant was sentenced to two years of suspended execution, two years of protection observation, and 120 hours of community service order on August 22, 2019 by the Daejeon District Court on the grounds of interference with business affairs, etc., and the judgment became final and conclusive on January 21, 2020.

“1. A previous conviction in the judgment of the court below” is the same as the description in the judgment below, except for adding “1. A, a copy of a reply to inquiries, such as criminal history, (A), and a copy of the judgment (Seoul Daejeon District Court Decision 2019 High Order 2182), the case summary information inquiry, and (b) case search” to the summary of the evidence, and thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act; Articles 261 and 260 of the Criminal Act; the choice of imprisonment for a crime;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 62(1) of the Criminal Act 1.