The judgment of the court below is reversed.

The imprisonment with prison labor for the accused shall be determined by one year and two months.

Seized evidence No. 1 shall be confiscated.

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. To consider ex officio prior to a judgment on the grounds for appeal on the market.

After remanding to the appellate court, the prosecutor filed an application for modification of the Act on the Punishment of Violences, etc. (Habitual Intimidation) with regard to “Habitual Assault, Habitual Intimidation” among the names of the crimes against the Defendant, and the applicable provisions of the Act provide that “Article 2(1)1 of the Punishment of Violences, etc. Act, Articles 260(1) and 283(1) of the Criminal Act” shall be construed as “Article 264, 260(1), 285, and 283(1) of the Criminal Act.”

This court's permission was changed to the subject of the judgment.

Therefore, the judgment of the court below is no longer maintained.

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts constituting an offense against the defendant recognized by this court and the summary of the evidence thereof shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the deletion of "violation of the Punishment of Violences, etc. Act (Habitual Intimidation)" in Article 4-5 of the facts constituting an offense.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Articles 284, 283(1) of the Criminal Act, Articles 264 and 260(1) of the Criminal Act, Articles 285 and 283(1) of the Criminal Act, Articles 285 and 283(1) of the Criminal Act, the choice of imprisonment for a crime;

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

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. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of the recommended sentence;

(a) Category 1 (Interference with Business) shall interfere with the scope of punishment for the first offence (Interference with Business) and the scope of duties;