Of the judgment below, the part concerning the 1 to 3 crimes shall be reversed.

Defendant 1 through 3 as stated in the judgment of the court below.

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

A. Relevant legal principles: “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 such judgment has become final and conclusive” constitutes concurrent crimes stipulated in the latter part of Article 37 of the Criminal Act. In such cases, in consideration of equity in cases where a crime for which judgment has not been rendered among concurrent crimes and a crime for which judgment has become final and conclusive under Article 39(1) of the Criminal Act is concurrently adjudicated and 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, a sentence shall be imposed, or a sentence shall not be mitigated or remitted in consideration of equity

In light of the language, legislative purport, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, where a crime for which judgment has not yet been rendered could not be judged simultaneously with the crime for which judgment has already become final and conclusive, concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established, and the sentence may not be imposed, or mitigated or exempted in consideration of equity and the case where a judgment is to be rendered at the same time under Article 39(1) of the Criminal Act, but where several crimes for which judgment has not yet been rendered fall short before and after the final and conclusive judgment cannot be ruled simultaneously with the crime for which judgment has already become final and conclusive, Article 38 of the Criminal Act shall be deemed to apply.