The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (e.g., both types of punishment) by the lower court is deemed to be too uneased and unfair.

2. Before determining the grounds for appeal by the prosecutor of the judgment, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the defendant obstructed the daily sales business of the same victims by causing damage to the victim E, the victim E, the victim E, and the victim E, etc. on August 18, 2013; the defendant’s abusive behavior against the victim E, etc. around that time, took place inside the victim without customers; and the defendant does not seem to have obstructed the daily sales business by any means other than destroying the outside of the counter, and the defendant does not seem to have obstructed the daily sales business by any means other than destroying the outside of the counter. In full view of the following circumstances, the single act of causing damage constitutes a case where the elements of the crime of property damage and the crime of interference with business are satisfied at the same time.

Therefore, the two crimes should be deemed to be in a mutually competitive relationship. However, since the court below punished two crimes as substantive concurrent crimes, the court below erred by misapprehending the legal principles on the number of crimes resulting from the destruction of property and the crime of interference with business, which affected the conclusion of the judgment.

3. If so, the part of the judgment of the court below on the crime of destruction of property and the crime of interference with business has the above reasons for ex officio destruction, and the court below rendered a single sentence on the grounds that there are substantive concurrent crimes with each of the above parts and the remaining crimes of intimidation and the crime of injury. Thus, without examining the prosecutor's allegation of unfair sentencing, reversed the guilty part of the judgment of the court below under Article 364 (2)

Criminal facts

The summary of the facts of the crime and the evidence admitted by this court is as follows, and the summary of the facts of the crime and the evidence is as follows. The part of the "crime" in the part of the "2013 Highest 2022" in the judgment of the court below, with the exception of the obstruction of business and the damage of property as follows: