The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

According to the records, the defendant was sentenced to six months of imprisonment with labor for the obstruction of business at the Suwon Friwon on March 8, 2018 and the above judgment became final and conclusive on July 6, 2018.

Therefore, the crime of the judgment below against the defendant is in the relation of concurrent crimes between the crime of obstruction of business as decided by the court below and the crime of obstruction of business as decided by the court below after Article 37 of the Criminal Act, and the punishment is determined in consideration of equity and at the same time in accordance with the main sentence of Article 39 (1) of the Criminal Act. Therefore, the judgment

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

[Judgment] The summary of criminal facts and evidence recognized by this court is "criminal records" in the part of "criminal facts" in the original judgment, which is "criminal facts" as stated in the lower court's sentence, and the judgment on July 6, 2018 became final and conclusive on the ground that the Defendant was sentenced to six months of imprisonment with prison labor for interference with business at the Suwon Fagwon, as a result of interference with business.

“(1)” (the first day below the sentence of the lower judgment) and “report on the result of the Defendant’s previous conviction and confirmation of his previous conviction” in the part of “the summary of evidence” in the sentence of the lower judgment is identical to each corresponding column of the lower judgment, except for the addition of “the Defendant’s previous conviction and the result of confirmation of his previous conviction” (the second half of the sentence of the lower judgment), thereby citing it as is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Procedure Act, the defendant, on the grounds of sentencing in the first sentence of Article 39(1), is led to confession as to the crime of this case.