The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (in two months of imprisonment) is too unreasonable.

2. According to the evidence duly adopted and examined by the trial court on September 19, 2017, prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant was sentenced to four months of imprisonment with prison labor for the crime of interference with business from the Suwon Filwon on September 19, 2017, and the judgment became final and conclusive on December 1, 2017. Thus, the crime of the judgment of the court below and the crime of interference with business of the defendant, for which the judgment of the court below became final and conclusive, are concurrent crimes under Article 37 of the Criminal Act, and the crime of interference with business of the court below and the above crime of interference with business, which are final and conclusive, shall be sentenced to punishment for the crime of the court below's decision in consideration of equity

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

[Judgment] The summary of the facts constituting an offense and evidence recognized by this court and the summary of the evidence are as follows: (a) the meaning of “criminal facts” in the judgment of the court below / [criminal records] “The Defendant was sentenced to one year of imprisonment by obstruction of business, etc. at the Seoul Central District Court on June 12, 2014; and (b) the execution of the sentence was terminated at the Ansan Prison on November 6, 2014; and (c) on September 19, 2017, the judgment was finalized by being sentenced to four months of imprisonment with prison labor for obstruction of business by the Suwon Ganwon as of December 1, 2017.

“A summary of the evidence” and “a summary of the evidence” shall be cited in accordance with Article 369 of the Criminal Procedure Act, except for the addition of “the Defendant’s trial statement before and after the judgment of the court below” to “the Defendant’s trial statement before and after the judgment of the court below.”

Application of Statutes

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 260 of the Criminal Act, and selection of imprisonment;

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

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes