A defendant shall be punished by imprisonment for six months.

A. On October 11, 2012, the Prosecutor’s Defendant was sentenced to 8 months of imprisonment with prison labor for special larceny, etc. at the Daegu District Court sentenced to 8 months of suspended sentence and 2 years of suspended sentence on October 19, 2012, but the said judgment became final and conclusive on October 19, 2012. However, since the instant crime and the crime of the said judgment did not constitute a single sentence, it does not constitute concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, Article 39(1) of the Criminal Act does not apply. Therefore, the lower court, inasmuch as the Defendant was sentenced to punishment by applying

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Judgment on the misapprehension of the legal principle of prosecutor

(a) The term “a crime for which judgment to punish with imprisonment without prison labor or a heavier punishment has become final and the crime committed before such judgment has become final and conclusive” in relevant legal principles constitutes concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, a punishment shall be imposed in consideration of equity in cases where a crime for which judgment has not become final and conclusive among concurrent crimes pursuant to Article 39(1) of

Meanwhile, in light of the language, legislative intent, etc. of the latter part of Articles 37 and 39(1) of the Criminal Act, where a crime for which judgment has not yet become final and conclusive cannot be adjudicated concurrently with the crime for which judgment has already become final and conclusive, the punishment shall not be imposed concurrently in consideration of equity and equity, or the punishment shall not be mitigated or exempted.

(Supreme Court Decision 2009Do9948 Decided October 27, 2011 and Supreme Court Decision 2012Do9295 Decided September 27, 2012, etc. (see, e.g., Supreme Court Decisions 201Do9295, Sept. 27, 20

According to the records, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Daegu District Court on November 9, 201 and two years of suspended execution on November 17, 201, and the above judgment became final and conclusive on October 11, 201. ② On October 11, 2012, the above court was sentenced to eight months of imprisonment with prison labor for special larceny, etc. and two years of suspended execution on October 19, 2012.