We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than one year and six months.

For a single-use package seized.

The sentence sentenced by the first and second original court to the accused (one year of imprisonment with prison labor and eight months of imprisonment with prison labor) on the summary of the grounds for appeal is too unreasonable.

We examine the reasons for appeal ex officio prior to the judgment.

The judgment of the court below in the first and second instances was rendered against the defendant, and the defendant filed an appeal against them, and this court decided to hold a joint hearing of the above two appeals cases.

However, since each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below in the first and second judgment cannot be maintained as it is.

Thus, the judgment of the court below Nos. 1 and 2 is reversed without examining the defendant's unfair argument about sentencing, and the court below's judgment is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding column of the first and second judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 166(1) of the Criminal Act in relation to the facts constituting an offense (the occupation of a general building and fire prevention), Article 314(1) of the Criminal Act (the occupation of interference with business) and Articles 284 and 283(1) of the Criminal Act (the occupation of special intimidation);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a special crime of intimidation committed among each special crime of intimidation, and the punishment imposed on a victim G with heavier criminal situation);

1. Selection of imprisonment with labor for a crime of obstructing the selection of punishment or of special intimidation;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the long-term punishments of each crime above the punishment prescribed for the crime of arson of a general structure with the largest punishment);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.