As to the crime of No. 1 of the judgment of the defendant, the crime of No. 2 through No. 6 of the judgment shall be punished by imprisonment for three months.

The punishment (six months of imprisonment and four months of imprisonment) imposed on the accused by the court below is too unreasonable.

Judgment

We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

In the latter part of Article 37 of the Criminal Act, the term “a crime for which judgment to punish with imprisonment without prison labor or heavier punishment has become final and the crime committed before such judgment has become final and conclusive” shall be deemed concurrent crimes. Article 39(1) of the Criminal Act provides that if there is a crime for which judgment has not been rendered among concurrent crimes, the punishment for such crime may be mitigated or remitted in consideration of equity between the crime and the crime for which judgment has not become final

However, in light of the language, purpose of legislation, etc. of each of the above provisions, if a crime for which no judgment has yet become final and conclusive could not be judged concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that the sentence shall not be imposed at the same time in consideration of equity and equality in the case of a judgment and that the sentence

(2) The records of the instant case are as follows: (a) the Defendant, at the Seoul Northern District Court, sentenced on December 16, 201 to a violation of the Act on the Control of Narcotics, Etc. (hereinafter “the first judgment”); (b) the said judgment became final and conclusive on June 14, 201 (hereinafter “the first judgment”); and (c) the Seoul Northern District Court, on July 12, 2012, sentenced the two-month grace period to a violation of the Act on the Control of Narcotics, etc. (hereinafter “the second judgment”); and (d) on July 20, 2012, sentenced the two-month grace period to a violation of the Act on the Control of Narcotics, etc. (hereinafter “the second judgment”); and (e) the Defendant, on July 20, 2012, committed the second judgment and the second judgment on July 20, 201, separately prior to the second judgment and the second judgment on July 20, 2012 (hereinafter “the second judgment”).