1. The Supreme Court’s decision to dismiss an appeal is not permitted, and barring any special circumstance, the decision becomes final and conclusive by being notified by means of serving a certified copy of the decision in accordance with Article 42 of the Criminal Procedure Act (see Supreme Court Decision 2011Do15914, Jan. 27, 2012).

2. According to the records, prior to committing each of the crimes in this case, the Defendant is aware of the following facts that he was tried (hereinafter referred to as “prior to the instant case”).

① On January 24, 2018, the Defendant filed an appeal with the Suwon District Court by sentenceing him/her to imprisonment with prison labor for at least six months for night building intrusion, larceny, etc.

On March 4, 2018, the defendant was released from the court of final appeal on March 4, 2018.

③ On March 29, 2018, the Supreme Court dismissed the appeal, and a certified copy of the ruling was served on April 25, 2018 on the defendant.

3. Examining the foregoing facts in light of the legal principles as seen earlier, the judgment of final appeal in the preceding case becomes final and conclusive on April 25, 2018, on which a certified copy of the judgment dismissing the final appeal was served on the Defendant. Since each of the facts charged in the preceding case is a concurrent crime under the latter part of Article 37 of the Criminal Act with the crime committed prior to the final and conclusive judgment, the lower court should, in accordance with the former part of Article 37 of the Criminal Act, render a sentence as to the entire facts charged in the preceding case. However, the lower court determined that the judgment in the preceding case became final and conclusive on March 29, 2018, which was the date the final and conclusive decision of dismissal of the final appeal, became final and conclusive on April 3, 2018. In so doing, the lower court erred by misapprehending the legal principles as to larceny committed on March 10, 2018, by treating it as concurrent crimes under the latter part of Article 37 of the Criminal Act with regard to larceny committed on March 10, 17, 2019.

4. Therefore, without examining the grounds of appeal, we reverse the judgment below, and remand the case to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Chief Justice Park Sang-ok

Justices Noh Jeong-hee