The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The defendant shall pay 35,00,000 won to the applicant for compensation.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment) is too heavy or unhued so as to be unreasonable.

2. Prior to the judgment on the grounds for appeal, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, since the court below made an application for compensation against the defendant for compensation amounting to 35 million won, but the court below did not make any decision on this, and it constitutes an error of law that affected the conclusion of the judgment by violating the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and its Enforcement Rules, and thus, the judgment of the court below cannot be reversed (see Supreme Court Decision 83Do2898 delivered on June 26, 1984).3.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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 25(1) and Article 31 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation and Declaration of Provisional Execution (the defendant recognized the claim amount of KRW 35 million as the damage amount of the applicant for compensation due to the instant crime);

1. The reason for sentencing of Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation [the case’s application for compensation filed by the applicant for compensation (the case’s application for compensation filed in early 2016 and early 226) is the incidental law upon duplicate application] (the crime of this case’s imprisonment for 2 years) is that the defendant will have the victims employed in the Busan Port Trade Union.

Degnating victims.