The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. The punishment of the lower court (or imprisonment with prison labor for four months) is too unreasonable.

B. The above sentence of the lower court is too unhued and unfair.

2. According to the records of this case’s ex officio determination, it is recognized that the Defendant was sentenced to a suspended sentence of two years on April 26, 2019 by the Gwangju District Court for the crime of interference with business, and the said judgment became final and conclusive on March 4, 2020.

Each crime in the holding of the court below is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of interference with business for which judgment has become final and conclusive and the latter part of Article 39(1) of the Criminal Act. As such, the judgment of the court below cannot be maintained as

3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the above, and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court is as stated in each corresponding column of the judgment of the court below, except for adding "the defendant was sentenced to two years of suspension of execution on April 26, 2019 by imprisonment with prison labor for the crime of interference with business at the Gwangju District Court on April 26, 2019, and the above judgment became final and conclusive on March 4, 2020" to the first head of the judgment of the court below. Thus, it is cited pursuant to Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment), the choice of punishment for the crime (the point of violence and the choice of imprisonment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders recognized each of the instant crimes, and the crime of interference with business for which imprisonment has become final and conclusive on March 4, 2020 and each of the instant crimes are concurrent crimes under the latter part of Article 37 of the Criminal Act.