The judgment of the court below is reversed.

The punishment of the accused shall be determined by a year of imprisonment.

provided that this ruling has become final and conclusive.

Summary of Grounds for Appeal

The sentence of the lower court (one year of imprisonment with prison labor, three years of probation, two years of social service, 120 hours of social service, and 40 hours of alcohol treatment lectures) is too unreasonable.

According to the records of ex officio determination, the defendant was sentenced to five months of imprisonment with labor for the crime of interference with business in the Gwangju District Court's Macheon Branch on June 24, 2015, and the judgment became final and conclusive on July 22, 2015 can be recognized. As such, the crime of this case is in the concurrent relationship between the crime for which judgment became final and the latter part of Article 37 of the Criminal Act, and the punishment is determined in consideration of equity and the same is determined pursuant to Article 39(1) of the Criminal Act. Thus,

Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is that "the defendant was sentenced to five months of imprisonment with labor for the crime of interference with business from the Gwangju District Court's Macheon Branch on June 24, 2015, and the above judgment became final and conclusive on July 22, 2015" was added to the summary of the evidence, and "1.................., the defendant added "the defendant's oral statement and final and conclusive judgment" to the summary of the evidence as stated in each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service, and order to attend a lecture, reflects the fact that the defendant is both victims.