The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

On October 21, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for interference with business at the Jeju District Court on February 20, 2017, and the above judgment becomes final and conclusive on February 20, 2017. The crime of the lower court’s judgment and the crime of interference with the above business, which became final and conclusive on the Defendant, are in the relation of concurrent crimes after Article 37 of the Criminal Act, and should be sentenced in consideration of equity with the case where the judgment is rendered at the same time in accordance with the main sentence of Article 39(1) of the Criminal Act. Therefore,

3. In conclusion, the judgment of the court below is reversed pursuant to 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.

Criminal facts

The summary of the facts constituting a crime and evidence recognized by this court was sentenced to imprisonment with prison labor for not less than four months at the Jeju District Court on October 21, 2016, and the judgment was finalized on February 20, 2017.

“1. Previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “1. Previous conviction in the judgment of the court below” at the end of the summary of the evidence, so it is citing it as is by Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, but it is recognized that the Defendant committed the instant crime while being tried for the period of repeated crimes and the same crime even though the Defendant was sentenced to several criminal punishments, such as imprisonment, etc. for the same kind of crime, even though the reason for sentencing under Article 39(1) was sentenced to concurrent crimes.

The defendant shows an attitude to recognize and reflect the crime of this case, and the defendant is in the trial.