The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for four months.

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

2. According to the records of ex officio determination, the Defendant was sentenced on January 24, 2019 to interfere with the exercise of rights by the District Court of the Republic of Korea on the part of January 24, 2019 and to imprisonment for five months and one year and four months for fraud, and the judgment became final and conclusive around June 20, 2019.

The crime of interference with the exercise of the established right and the crime of this case shall be sentenced to punishment for the crime of this case in consideration of equity with the case where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act as a concurrent crime relationship under the latter part of Article

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

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act by omitting the judgment of the court below on the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as above.

【Grounds for the judgment rendered in relation to Defendant A】 The criminal facts and summary of evidence recognized by this court are as stated in the criminal facts column of the judgment of the court below, with the exception that “Defendant shall be punished by imprisonment with prison labor for six months and for two years with prison labor for interference with the exercise of rights in the Jung-gu District Court's High Court's High Court's High Court's High Court's High Court's High Court's decision February 9, 2018, and shall be currently pending in the appellate court's judgment after appeal on February 13, 2018; and the part "Defendant shall be currently pending in the appellate court's judgment" shall be cited as it is stated in the corresponding column of the judgment of the court below, except for the alteration to “The judgment becomes final and conclusive on June 20, 2019 after being sentenced to imprisonment with prison labor for five months and one year and four months and for fraud.”

Application of Statutes

1. Article 323 of the Criminal Act; Articles 323 and 30 of the Criminal Act; the choice of imprisonment with prison labor;

1. The grounds for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act, as shown in the argument in the instant case, and the following circumstances, including the Defendant’s age, character and conduct, environment, and circumstances leading to the commission of the crime: