The judgment below

According to the reasoning and the record, the lower court determined that the Defendant was sentenced to four months of imprisonment for a violation of the Military Service Act at the Seoul Western District Court on January 9, 2013 and that the said judgment became final and conclusive on April 22, 2013 and the Defendant was sentenced to six months of imprisonment for a violation of the Military Service Act by the same court on February 6, 2014, and that the said judgment became final and conclusive on June 2, 2014. The lower court reversed ex officio the judgment of the first instance court which did not take such measures on the ground that the sentence should be determined, after examining whether the instant crime was committed simultaneously with the crime committed in violation of the said Military Service Act and whether to reduce or exempt the sentence, taking into account equity in the case where the instant crime is adjudicated at the same time as the crime committed in violation of the said Military Service Act and the instant crime constituted concurrent crimes under the latter part of Article 37 of the Criminal Act after pleading

Therefore, the lower court did not err by omitting judgment and application of the above provisions of the Criminal Act, contrary to what is alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.