The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that this judgment.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant is too unreasonable.

2. According to the records, prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to one year and two months of imprisonment with labor at the Incheon District Court on February 20, 2013 due to the crime of interference with business, etc., and the judgment became final and conclusive on November 14, 2013. In such cases, each of the crimes for which the judgment sentencing to be sentenced to imprisonment without prison labor or heavier punishment became final and each of the crimes in the judgment of the court below that was committed prior to the final and conclusive judgment are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after considering the case to be judged simultaneously and equity under Article 39(1) of the Criminal Act and the mitigation or exemption of punishment

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is all the criminal facts and the summary of the evidence, with the exception that "the defendant was sentenced to one year and two months of imprisonment with prison labor at the Incheon District Court on February 20, 2013 and the above judgment became final and conclusive on November 14, 2013 as declared by the crime of interference with business, etc." was the same as the corresponding column of the judgment of the court below, and therefore, it is cited as it is in accordance

Application of Statutes

1. Relevant Articles 314(1), 313, and 30 of the Criminal Act concerning criminal facts, Articles 234, 231, and 30 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act: