A defendant shall be punished by imprisonment for six months.

2. Ex officio determination

A. In the application of Article 39(1) of the Criminal Act, the term “a crime for which a judgment to be sentenced to imprisonment without prison labor or a heavier punishment has become final and a crime committed before such judgment has become final and conclusive” falls under concurrent crimes as provided in the latter part of Article 37 of the Criminal Act. In this case, a crime for which judgment has not been rendered among concurrent crimes and a crime for which judgment has become final and conclusive under Article 39(1)

Meanwhile, in light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, if a crime for which judgment has not yet become final and conclusive cannot 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 the sentence shall not be imposed or the sentence shall not be mitigated or exempted in consideration of equity

(2) On September 27, 2012, based on the above legal principle, the Defendant was sentenced to a suspended sentence of four months on May 26, 2010 to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc., and the judgment became final and conclusive on June 4, 2010. ② On August 29, 2013, Incheon District Court sentenced 50,000 won to a fine of four months and 500,000 won for embezzlement, etc. ② The crime of each of the above criminal records was committed before the final and conclusive judgment ① The crime of this case was committed before the final and conclusive judgment (see June 4, 2010). However, according to the judgment of the court below, the Defendant was found to have not committed the crime of this case since the judgment of this case was final and conclusive from the beginning.