Defendant shall be punished by imprisonment with prison labor for eight months and the remainder of eight months for the crimes of "2019 order58".

The sentence of the court below is too unreasonable.

In light of the legal principles on discretionary determination and the language, legislative intent, etc. of Article 37 and Article 39(1) of the Criminal Act, if a crime which has not yet been adjudicated cannot be judged concurrently with a crime for which judgment has already become final and conclusive, it is reasonable to interpret that the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established and that the sentence cannot be mitigated or remitted in consideration of equity and equity in the case of a judgment at the same time pursuant to

(See Supreme Court Decision 2009Do9948 Decided October 27, 201, and Supreme Court Decision 2012Do9295 Decided September 27, 2012, etc.). Meanwhile, as long as there is no final judgment that became final and conclusive, the crime committed before and after the final and conclusive judgment cannot be judged concurrently with the crime for which judgment became final and conclusive, where multiple crimes not yet adjudicated were committed before and after the final and conclusive judgment became final and conclusive, the relationship between the several crimes under the former part of Article 37 of the Criminal Act is deemed to be applicable, and Article 38 of the Criminal Act cannot be deemed to apply. Therefore, separate punishment for each crime committed before and after the final and conclusive judgment is determined and sentenced.

(See Supreme Court Decision 201Do2351 Decided June 10, 2011 (see Supreme Court Decision 201Do2351, May 14, 2011). According to the records of this case, the Defendant, who was sentenced at the Seoul Northern District Court on May 14, 201 to imprisonment with prison labor for a crime of fraud on September 24, 2014 (hereinafter referred to as “final judgment”), was finally decided on September 24, 2014 (hereinafter referred to as “final judgment”), and on November 26, 2015, was sentenced to imprisonment with prison labor for 4 months and one year of suspended execution and became final and conclusive on August 20, 2016 (hereinafter referred to as “second final and conclusive judgment”).

However, the crime of "2019No. 58" in the judgment of the court below is a crime of satisfying after the date of the final judgment of the court of first instance, and since the crime of final judgment of the second is recognized to be a crime of satfying before the date of the final judgment of the court of first instance, the crime of final judgment of the court of second instance and the crime of "20