The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (a year and six months of imprisonment, a suspended sentence of three years, a forfeiture) imposed by the court below on the defendant is too uneasy and unreasonable.

2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined the case ex officio, and the prosecutor applied the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.) as "special injury" among the names of the crimes in the first instance, and the applicable provisions of the Act on the Punishment of Violences, etc. are as follows: "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" in "Article 258-2 (1) and Article 257 (1) of the Criminal Act" and "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act". Since this court changed the subject of the judgment by permitting this, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows. Except for the case where the "violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)" of the second half of the judgment of the court below as "2. Special Bodily Injury", the summary of the facts charged by this court and the summary of the evidence shall be cited in accordance with Article 369 of the Criminal Procedure Act, since it is identical to the corresponding column of the court below.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 314 (1) of the Criminal Act (a point of interference with business);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of sentence of imprisonment with prison labor (Interference with business affairs);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 48 (1) 1 of the Confiscation Criminal Code is the case where the crime of this case is committed at the restaurant operated by the defendant D.