A defendant shall be punished by imprisonment for six months.

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio prior to determining the grounds for appeal by the Defendant and the prosecutor.

A. The term “a crime for which judgment to punish with imprisonment without prison labor or a heavier punishment has become final and the crime committed before such judgment has become final and conclusive” falls under concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a sentence shall be imposed in consideration of equity in cases where a crime among concurrent crimes has not been adjudicated and a crime for which judgment has become final and conclusive under Article 39(1) of the Criminal Act

Meanwhile, in light of the latter part of Article 37 of the Criminal Act and the language, legislative purport, etc. of Article 39(1) of the same Act, in cases where a crime not yet adjudicated could not be judged concurrently with the crime for which judgment became final and conclusive, the relationship between concurrent crimes after Article 37 of the Criminal Act cannot be established, and the sentence cannot be imposed or the sentence may not be mitigated or exempted in consideration of equity in cases where a judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decisions 2009Do9948, Oct. 27, 201; 2012Do9295, Sept. 27, 2012). (b) According to the evidence duly adopted by the lower court and examined by the lower court, the following facts can be revealed.

(1) On July 4, 2014, the Defendant was sentenced to a suspended sentence of two years on May 20, 2015, on the grounds of a violation of the Game Industry Promotion Act at the wooden Branch of the Gwangju District Court, and the judgment became final and conclusive on May 20, 2015 (hereinafter “first preceding conviction”). (2) In addition, on May 12, 2016, the Defendant was sentenced to a suspended sentence of six months for a crime of aiding and abetting a violation of the Act on the Promotion of Game Industry in the wooden Branch of the Gwangju District Court, and the judgment became final and conclusive on February 16, 2017 (hereinafter “second preceding conviction”). (3) On the other hand, the crime of the second preceding criminal conviction is a crime committed before the final and conclusive judgment of the first criminal conviction (by May 20, 2015).

(c)

As to each of the crimes of this case, the lower court is Article 39 of the Criminal Act.