The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four months.

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unhued and unreasonable.

2. We examine ex officio prior to determining the grounds for appeal by the ex officio judgment prosecutor.

According to the evidence duly adopted and examined by the trial court, the defendant was sentenced to three months of imprisonment with labor for the crime of interference with business at the Sungnam branch of the Suwon District Court on January 20, 2016, and the judgment became final and conclusive on July 22, 2016.

Therefore, in the above crime of interference with business and each of the crimes in the decision of the court below against the defendant, which became final and conclusive, should be sentenced to punishment for each of the crimes in the decision of the court below in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act, since the crime of interference with business and the latter part of Article 37 of the

3. If so, the judgment of the court below on conviction is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows.

[C] The summary of the facts constituting a crime and the evidence admitted by the court below and the summary of the facts constituting a crime are as follows: "The defendant was sentenced to three months from January 20, 2016 to imprisonment with prison labor for the crime of interference with business at the Sungwon District Court's Sungnam Branch's Sung-nam Branch's branch on July 22, 2016 and its judgment became final and conclusive on July 22, 2016"; and "a summary of evidence" is as stated in each corresponding column of the judgment of the court below, except for addition of "a criminal record: a copy of the judgment: the copy of the judgment of the case and the assistant meeting of the agreement of the case"

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;