The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, the defendant was sentenced to 10,000 won of imprisonment with prison labor for the crime of interference with business, etc. at the Busan District Court Branch on April 29, 2020, and the judgment became final and conclusive on August 29, 2020.

Therefore, the instant crime is in a concurrent relationship with the crime of interference with business for which judgment became final and conclusive, and the latter part of Article 37 of the Criminal Act, and thus, the sentence should be imposed in consideration of equity with the case where judgment is rendered at the same time pursuant to the main sentence of Article 39(1) of the Criminal Act.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

[Grounds for the judgment used] The summary of facts of crime and evidence recognized by this court is a summary of the facts of crime and evidence as stated in the judgment of the court below, except for adding "the defendant was sentenced to 10,000 won of imprisonment with prison labor for the crime of interference with business, etc. on April 29, 2020 and a fine of 60,000 won, which became final and conclusive on August 29, 2020," and therefore, it is identical to each corresponding column of the judgment of the court below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment for the crime;

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. From among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the Defendant was punished by imprisonment with prison labor for the following reasons: (a) around 2015; (b) around 2016; (c) around 2016; (d) damage to property; and (e) interference with business.