The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Evidence seized by the defendant.

1. The lower court dismissed the prosecution on the grounds that the victim’s wish to punish was withdrawn after instituting an indictment on the assault against the victim I among the facts charged in the instant case, and sentenced all of the remaining facts charged.

However, since the defendant appealed only on the guilty portion on the grounds of unfair sentencing as follows, and the dismissal of the above indictment is separated and finalized, the scope of this court's judgment is limited to the guilty portion of the judgment below

2. The summary of the grounds for appeal (defendants) is too unreasonable that the punishment of the lower court (one year of imprisonment, confiscation, and collection 100,000 won) is too unreasonable.

3. As long as the Defendant completed the execution of punishment for a crime related to narcotics, there is no long time for the Defendant to administer phiphones once, and intrudes into the guest room administered by another person, and each of the crimes of this case that interfered with the business by taking the pedals from the main point of view, is not easy, and there is a number of criminal records related to violence in addition to the narcotics-related criminal records.

On the other hand, there are favorable circumstances such as the fact that the defendant commits a crime of interference with business, that the court below agreed with the victim of the crime of interference with business, that there was an agreement with the victim of the crime of interference with business, that the defendant's health is not good, and that the family environment is not proper.

In full view of these circumstances and all of the sentencing conditions shown in the instant argument, the lower court’s punishment is deemed to be too unreasonable.

4. As such, the defendant's appeal is with merit. Thus, the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is ruled as follows.

【Grounds for the Judgment of the Supreme Court 】 The facts constituting a crime and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below.