The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to a suspended sentence of two years on October, 2017 by obstructing business operations at the Daejeon District Court on December 7, 2017, and the said judgment became final and conclusive on December 15, 2017.

Thus, the crime of interference with the execution of official duties of this case and the crime of interference with the above business, which became final and conclusive before the above judgment becomes final and conclusive, are concurrent crimes by 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, but the court below erred by omitting it.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper argument of sentencing, and the judgment below is reversed and it is again decided as follows through pleading.

【Inasmuch as a new judgment was rendered, the facts constituting a crime and the summary of the evidence recognized by the court below and the summary of the evidence were found to have become final and conclusive on December 15, 2017 on the first head of the crime of the judgment of the court below on December 7, 2017, the Defendant was sentenced to a suspended sentence of two years for the reason of interference with business affairs at the Daejeon District Court, etc.

In addition, “1. Investigation Report, Daejeon District Court Decision 2017 High Order 3840, 2017 High Order 3840” is added at the end of the summary of the evidence, and it is identical to each corresponding column of the lower judgment. As such, it is cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the proviso to Article 39 (1) shall apply;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following grounds);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is to recognize the defendant's wrong, and there is no criminal record of the same kind.