The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Seized one part of the District Prosecutors' Office (the District Public Prosecutors' Office, ...

1. The decision of the court below (one year and four months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, the Defendant was sentenced to one year and four months of imprisonment with prison labor and three years of suspended execution due to special intimidation at the Seoul Western District Court on February 6, 2020 and the judgment became final and conclusive on September 14, 2020. Since the crime of this case and the above special intimidation, etc. for which the judgment became final and conclusive, are in a concurrent relationship with the latter part of Article 37 of the Criminal Act, the Defendant shall be sentenced at the same time in consideration of equity with the judgment.

Therefore, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed in accordance with the aforementioned ex officio reversal grounds, without examining the defendant's unfair argument of sentencing. It is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence recognized by the court is the first head of the "criminal facts" column, and the judgment was finalized on September 14, 2020, when the defendant was sentenced to one year and four months of imprisonment and three years of suspended execution due to special intimidation at the Seoul Western District Court on February 6, 2020.

In addition, “a summary of evidence” is added to “a summary of the instant case and each written judgment” in the last sentence of “a summary of evidence” as stated in each corresponding column of the lower judgment. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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. The following circumstances revealed in the records of sentencing under Article 48(1)1 of the Criminal Act, and the defendant's seal.