The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court’s sentence (two years of suspended execution with prison labor) is too uneased and unreasonable.

2. Prior to the judgment on the assertion of unfair sentencing by the ex officio decision-making prosecutor, the Prosecutor added the criminal records to the effect that “the Defendant was sentenced to six months of imprisonment by the Incheon District Court on May 7, 2015 due to the crime of interference with business, etc. and the judgment became final and conclusive on May 15, 2015,” and applied for changes in the indictment to add “the latter part of Article 37 and Article 39 of the Criminal Act” to the applicable provisions, and this Court permitted this.

Therefore, as seen above, the crime of interference with business in this case and the crime of interference with business, etc. for which judgment became final and conclusive as seen above are concurrent crimes under the latter part of Article 37 of the Criminal Act, and determine punishment after considering equity in the case of concurrent judgments pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt punishment.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is decided as follows, without examining the defendant's ex officio reversal grounds, such as Paragraph (2).

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for adding all the following sentences to the criminal facts column 1 of the judgment of the court below, and therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

On May 7, 2015, the Defendant of Criminal Power was sentenced to six months of imprisonment with labor by the Incheon District Court for the crime of interference with business, etc. on May 15, 2015, and the judgment became final and conclusive on May 15, 2015.”

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 of the Criminal Act: