The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The Constitutional Court made a decision of unconstitutionality as to Article 3(1) of the Punishment of Violences, etc. Act in the summary of the prosecutor's grounds for appeal. The judgment of the court below that applied it constitutes a violation of Acts affecting the conclusion of the judgment, and thus, appeal shall be filed for the benefit of

2. Upon ex officio determination, the prosecutor: (a) applied the applicable law to “special intimidation” from “violation of the Punishment of Violences, etc. Act (a collective weapon, etc.)” to “Special Intimidation”; and (b) applied law to “Article 3(1), 2(1)1, and Article 283(1) of the Criminal Act” to “Article 284 and Article 283(1) of the Criminal Act” to “Article 283(1) of the Criminal Act”; (c) the court applied for amendment of a bill of amendment to the Criminal Act to “Article 284 and Article 283(1) of the Criminal Act; and (d) the subject of the judgment changed by this court to be tried.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act on the ground that the above ex officio reversal is a ground for reversal, and the judgment below is reversed and it is again decided as follows.

【Re-written judgment】 The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 284, 283 (1) (a point of special intimidation) of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Act (see Supreme Court Decision 2012Do1895, Oct. 11, 2012)

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the Defendant had a record of being sentenced to a fine of one million won for the crime of interference with business affairs in 2010; (b) the Defendant has no record of suspension of qualification or heavier punishment; and (c) the Defendant is under the influence of alcohol.