The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Summary of Grounds for Appeal

The punishment of the lower court (ten months of imprisonment) is too unreasonable.

Before the judgment on the grounds for appeal for ex officio determination, the records of this case are examined as follows. The defendant was sentenced on September 28, 2020 to eight months from the branch court of Suwon District Court sentenced to the crime of interference with business, etc. on September 12, 2020 and the judgment became final and conclusive on October 12, 2020.

The crime of the judgment of the court below and the crime of interference with business against which the judgment of the court below became final and conclusive shall be sentenced to punishment for the crime of the court below in consideration of equity in the case where the judgment is held simultaneously pursuant to Article 39(1) of the Criminal Act in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act

Therefore, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Along with the reasoning of the judgment of the court below, the summary of facts and evidence recognized by the court below are as follows: "The defendant has been sentenced to three years at the Jung-gu District Court on February 8, 2017 to imprisonment with prison labor for attempted rape, indecent act by force, crime of property damage, fraud, etc. on October 19, 2019, and the execution of the sentence has been terminated in the previous prison on September 19, 2019; on September 28, 2020, after being sentenced to eight months from imprisonment with prison labor due to the crime of interference with business, etc. at the leisure branch of Suwon District Court on September 28, 2020, the judgment became final and conclusive on October 12, 2020." The third, third, third, and third of the written judgment of the court below are as follows: "The defendant's oral statement, criminal records, investigation report (verification of criminal records of the same kind of suspect), judgment, investigation report (finding of facts in the present period), investigation report, judgment, and acceptance status of individual."

The application of legislation;