The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of thirty million won.

Defendant. A fine.

1. Determination of the summary of the grounds for appeal (a year of imprisonment and a fine of 300,00 won) is unreasonable;

2. The sentence imposed by the court below is within the scope of the applicable sentencing range and the recommended sentencing range under the attached sentencing guidelines (at least one year of imprisonment).

In consideration of the sentencing factors favorable to the defendant, imprisonment and fine were imposed in consideration of the records of the same crime such as the crime of repeated crime, the circumstances of the crime of this case, etc.

However, the defendant agreed with the victim C who interfered with business in the appellate trial.

In addition, if we review the sentencing factors, the determination of imprisonment with prison labor in the court below is somewhat inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment, Selection of Imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act ( point of disturbance of the head of a government office, selection of fines), Articles 322 and 319 (1) of the Criminal Act concerning the crime; and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act among repeated offenders (Crime of Interference with Business and Attempted Residence)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 3, and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;