The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

2. Although the Defendant had a record of being punished several times for the same crime, the Defendant committed the instant crime during the period of repeated crime.

However, the Defendant recognized the instant crime and is against the Defendant.

The victims of the instant crime are relatively minor.

The defendant agreed with all victims, and the victims do not want to punish the defendant.

In addition, considering the fact that all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, content, means and consequence of the crime, and the circumstances after the crime, have changed in the victim's failure to punish the sentencing conditions compared with the original judgment, the punishment sentenced by the lower court is too unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 (1) of the Criminal Act (a point of interference with business), Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The punishment as ordered shall be determined by taking into account various circumstances examined in the judgment on the Defendant’s assertion of unfair sentencing prior to the reason for sentencing as prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment by concurrent crimes as prescribed by the crime of interference with business as of March 19, 2020 with business with the largest punishment and punishment), prior to the reason for sentencing.