The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendant, while performing his duties, threatened a police officer, and threatened a victim who reported business interference with the Defendant with the purpose of retaliation, etc., is not good for the crime of this case, has been punished several times, and that the Defendant repeats the crime of this case during the period of repeated offense due to the same kind of crime, should be considered in light of the circumstances unfavorable to the Defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the degree of intimidation made by the defendant is relatively minor, that the victim of the crime of business interference and retaliation purpose intimidation does not want to be punished by the defendant, that the defendant both led to the confession and misunderstanding, etc., even if considering the circumstances unfavorable to the defendant as seen earlier, the punishment imposed by the court below is deemed unfair because it is excessively unreasonable compared to the degree of responsibility of the defendant, and thus, it is acceptable to accept the defendant’s unfair

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled through a new theory of change.

【Grounds for a new judgment】 Facts constituting a crime and summary of evidence recognized by the court, as stated in the corresponding column of the judgment of the court below, and the summary of evidence are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business, the choice of imprisonment), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283(1) of the Criminal Act (the point of intimidation)

1. Article 35 of the Criminal Act for aggravated repeated crimes (Article 42 of the Criminal Act for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes as indicated in the holding).