In the application of the law of the judgment of the court of first instance, the Criminal Code dealing with concurrent crimes is followed by the heavy aggravation of repeated crimes.

The judgment below

Examining the reasoning in light of the record, the lower court recognized the fact that the Defendant was sentenced to four years of imprisonment for fraud, etc. in the Chuncheon District Court’s regional promotional support on February 9, 2012, which was subsequent to the instant crime, and that the said judgment became final and conclusive July 5, 2012. The allegation in the grounds of appeal assigning misunderstanding the legal doctrine on the interpretation and application of Article 39(1) of the Criminal Act is not acceptable, on the ground that the instant crime and the crime for which the said judgment became final and conclusive are in a concurrent crime under the latter part of Article 37 of the Criminal Act, on the ground that it is obvious that the instant crime and the instant crime for which judgment became final and conclusive under Article 39(1) of the Criminal Act

Therefore, the appeal is dismissed, and since it is obvious that the "the latter part of Article 37 and the first part of Article 39 (1) of the Criminal Code dealing with concurrent crimes" was omitted from the "Article 35 of the Aggravation of Cumulative Offense" in the application of the law of the first instance, the judgment of the court of first instance is to be corrected and it is so decided as per Disposition by the assent of all participating Justices