The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to five million won) is too uneasy and unreasonable.

2. Reviewing the reasoning of the prosecutor’s appeal ex officio prior to the judgment on the grounds for appeal by the ex officio, the Defendant’s oral statement, etc. at the Defendant’s trial court, etc. on July 12, 2018, the fact that the said judgment became final and conclusive on July 20, 2018, upon being sentenced to six months of imprisonment with labor and two years of suspended execution due to interference with duties, etc. by the Seoul Southern District Court (2018 High Court Order 1329).

Thus, the crime of interference with the instant business committed before the above judgment became final and conclusive and the crime of interference with business, etc., which became final and conclusive as seen above, are concurrent crimes with the latter part of Article 37 of the Criminal Act, and the latter part of Article 37 of the Criminal Act needs to be applied, and therefore, the judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is as follows, instead of deleting the first 2 criminal records of the judgment of the court below, and the summary of the evidence added "before the judgment of the court of first instance: before the judgment of the court of first instance: before the court of first instance: before the court of first instance; after adding "the defendant's oral statement, judgment, and inquiry of the case (Seoul Southern District Court 2018 High Court 1329)" to the summary of the evidence, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited in accordance with

On July 12, 2018, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution by obstructing business operations at the Seoul Southern District Court on July 12, 2018, and the said judgment became final and conclusive on July 20, 2018.

Application of Statutes

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1) is the first part of the same Act;