All judgment of the court below shall be reversed.

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

1. The summary of the grounds for appeal (unfair sentencing): The sentence of the lower court (in the first instance court: imprisonment with prison labor for six months and the second instance court: imprisonment with prison labor for four months) is too unreasonable.

2. The defendant filed an appeal against the judgment of the court below and decided to concurrently examine the above appeal cases.

Each crime of the judgment below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, 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 defendant's unfair argument of sentencing, and the judgment of the court below is reversed in entirety, and the following is again decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each of the relevant columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Articles 261 and 260(1) (the point of special violence) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The scope of applicable sentences under the Act on the Grounds for Sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravated punishment of concurrent crimes: The application of the sentencing criteria not exceeding seven years and six months;

1. A basic crime (a special crime in the holding) / [Scope of the punishment to be recommended] where the mitigated area (4 months to 1 year and 2 months), the punishment is not imposed (including serious efforts to recover damage), or considerable damage is restored to the mitigated area (4 months to 1 year and 2 months), or considerable damage is restored;

2. Crimes of competition (Interference with the affairs in the holding) [Scope of punishment] interference with the affairs, the area of mitigation (one month to eight months) (including a person with special mitigation) [including a serious effort to recover damage] of the area of punishment;

3. Many offenses.