As to the first crime as to the judgment of the court below, the second crime as to the defendant is committed in six months.

2. In light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act of the judgment ex officio, if a crime for which judgment has not yet been rendered could not be judged concurrently with the crime for which judgment has already become final and conclusive, the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established, and it is reasonable to interpret that a sentence may not be imposed or the sentence may not be mitigated or exempted in consideration of equity and

On the other hand, Article 38 of the Criminal Act is not applicable to several crimes which have not yet been adjudicated before and after the final judgment became final and conclusive, since there is no final and conclusive judgment on the grounds that the crimes committed before and after the final and conclusive judgment cannot be judged concurrently with the crimes for which the final and conclusive judgment became final and conclusive, among several crimes, the relation of concurrent crimes under the former part of Article 37 of the Criminal Act is recognized and Article 38 of the Criminal Act is not applicable.

(See Supreme Court Decision 201Do2351 Decided June 10, 201, and Supreme Court Decision 2014Do469 Decided March 27, 2014, etc.). As regards the Defendant, the Defendant was punished by imprisonment with prison labor for eight months, by suspension of execution of two years, by previous convictions for eight hours (hereinafter “first criminal conviction”) and by imprisonment with prison labor for ten months, by suspension of execution of two years, by the community service order’s 80-hour criminal records (hereinafter “second criminal records”) and by September 4, 2017, and by imprisonment with prison labor for ten months, by suspension of execution of two years, by the community service order’s 200-hour criminal records (hereinafter “second criminal records”), and the second criminal records are those committed before the first criminal records and by the final judgment.

However, the crime No. 1 of the judgment of the court below is based on the facts constituting the crime which ends on March 7, 2017, and thus, is committed before the second conviction becomes final and conclusive, but the defendant has a first criminal record separate from the second criminal record, and the crime of the second criminal record is committed before the first criminal record becomes final and conclusive, and thus, the crime of the second criminal record and the first crime of the judgment of the court below are committed