In light of the language and legislative intent of the latter part of Article 37 and Article 39(1) of the Criminal Act, in cases where a crime for which judgment has not yet become final and conclusive cannot be adjudicated concurrently with a crime for which judgment has already become final and conclusive, it is reasonable to interpret that the sentence cannot be imposed concurrently in consideration of equity and equity, or the sentence may not be mitigated or exempted.

(2) According to the reasoning of the lower judgment, the lower court recognized the following facts: (a) the Defendant was sentenced on August 19, 201 to a two-year suspension of the execution of imprisonment for a crime of fraud on the part of the Busan District Court branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch

Based on this, the lower court reversed the first instance judgment to the effect that: (a) the instant crime was committed, and (b) the offense was committed, which was committed after the judgment of the first instance court became final and conclusive; (c) the instant crime and the instant criminal offense were committed before the judgment of the first instance court became final and conclusive; and (d) the first instance court did not simultaneously render a judgment at the same time; and (b) the instant crime was committed by the first instance court, in accordance with Article 39(1) of the Criminal Act, to the effect that

In light of the above legal principles and records, the judgment of the court below is just and acceptable, and contrary to the allegations in the grounds of appeal, the court below did not err in violation of the principle

In addition, the appellate court ex officio examines the reasons not included in the grounds for appeal and determines the judgment of the first instance.