1. In light of the language and legislative intent of the latter part of Article 37 and Article 39(1) of the Criminal Act with respect to the assertion of misunderstanding of legal principles as to the application of the latter part of Articles 37 and 39(1) of the Criminal Act, if an offense for which judgment has not yet been rendered cannot be ruled concurrently with the offense for which judgment has already become final and conclusive, it is reasonable to interpret that the sentence may not be imposed or the sentence may not be mitigated or exempted by taking into account

(2) The lower court’s judgment and records reveal the following: (a) on October 27, 201, the Defendant was sentenced to a suspended sentence of eight months for occupational breach of trust at the Seoul Central District Court on July 23, 2009; and (b) on August 21, 201, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) at Seoul High Court on August 21, 2014; and (c) on the ground that the entire criminal facts found guilty fall short of the judgment before the judgment became final and conclusive, the lower court imposed the above sentence in consideration of equity with the case where the Defendant was sentenced simultaneously with the crime of a previous offense; and (d) on the ground that the Defendant dissatisfied with the judgment and the final judgment became final and conclusive on February 12, 2015, the lower court dismissed the final judgment.

Therefore, the whole criminal facts found guilty by the court below are ① established after the judgment of the court below became final and conclusive, and ② established before the judgment of the court below became final and conclusive, and thus, it is reasonable to view that the punishment cannot be imposed, or that the punishment cannot be mitigated or remitted in consideration of equity with the case where the judgment is rendered concurrently with the crime of the previous offense, pursuant to Article 39(1) of the Criminal Act, since the crime

Therefore, the court below set the punishment against the defendant without considering the criminal records.