Part 1 to 5 of the judgment is reversed.

The crimes of Articles 2 through 5 in the judgment of the defendant.

A. When each of the crimes in this case was drunk, the Defendant committed an unlawful act that affected the conclusion of the judgment by neglecting it.

B. The sentence imposed by the court below on the defendant (the crime of No. 1 through No. 5 on the market: imprisonment for 2 months, and the crime of No. 6 through No. 9 on the market: imprisonment for 6 months) is too unreasonable.

2. Determination

A. (1) According to the judgment ex officio prior to the judgment on the grounds for appeal by the defendant, the defendant is found to have been sentenced on September 28, 201 by the Seoul Southern District Court as one year of suspension of execution and probation for six months of imprisonment with labor at the Seoul Southern District Court on September 28, 2011. In such a case, the crime of first instance when the crime for which a judgment is to be sentenced to imprisonment without prison labor or heavier punishment became final and the crime of first instance was committed before such judgment becomes final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act by examining whether to reduce or exempt punishment in accordance with Article 39(1) of the Criminal Act in consideration of equity and the case for which a judgment is to be rendered at the same time under Article 39(1) of the Criminal Act. However, the court below rendered a single sentence on the crimes of first or fifth in consideration of equity as concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the part of the crime of first or fifth in the judgment of the judgment cannot be maintained.

(2) In addition, the term “a crime for which a judgment to face with imprisonment without prison labor or a heavier punishment has become final and the crime committed before the said judgment has become final and conclusive” falls under concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In this case, with respect to a crime which has not been adjudicated among such concurrent crimes pursuant to Article 39(1) of the Criminal Act, punishment shall be sentenced in consideration of equity in cases where the said crime and the crime for which a judgment has become final and conclusive are concurrently adjudicated. Meanwhile, in light of the language and text of Article 37 and Article 39(1) of the Criminal