All judgment of the court below shall be reversed.

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

1. The defendant asserts that the reasoning of the appeal in this case is excessive so long as the punishment of each of the judgment below in this case (No. 1: imprisonment with prison labor for 6 months and 2 months: imprisonment with prison labor for 4 months) is unfair, and the prosecutor asserts that the punishment of the judgment in the first instance is too unfeasible and unfair.

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

The Defendant was sentenced to the judgment of the first instance and the judgment of the second instance, and the Defendant filed each appeal against each of the above judgments, and the Prosecutor filed each appeal against the judgment of the first instance, and this Court decided to hold the aforementioned two appeals together with other appeals cases.

However, since each crime of the first and second judgment against the defendant is both concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing business operation) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is to prevent the Defendant from committing the instant crime during the suspended execution period of not less than two months after the judgment of suspended execution becomes final and conclusive due to drug crimes, or a violation of official duties by a previous offense.