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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.
2. In light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act for ex officio determination, if a crime for which no judgment has yet to be rendered could not be judged concurrently with the crime for which judgment has already become final and conclusive, a concurrent offense relationship under the latter part of Article 37 of the Criminal Act cannot be established, and it is reasonable to interpret that no sentence shall be imposed in consideration of equity and the same
(2) Each of the instant offenses was committed on September 14, 201 and September 15, 2018, and was sentenced to a suspended sentence of 2009Do9948, October 27, 2012, etc. (see, e.g., Supreme Court Decisions 2012Do9295, Sept. 11, 2012). According to the reasoning and records of the lower judgment, each of the instant offenses was committed on September 14, 2018, before the Seoul High Court rendered a final and conclusive judgment on October 31, 2018, by committing a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place), and the first offense was committed on October 11, 2017, and each of the instant offenses became final and conclusive prior to the final and conclusive judgment on October 11, 2018.
Therefore, the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established between the crime which became final and conclusive on October 31, 2018 and each of the crimes of this case, and Article 39(1) of the Criminal Act providing that when a sentence is imposed for a crime which has not been adjudicated among concurrent crimes, the crime and the crime for which a final judgment have become final and conclusive shall be considered at the same time, and the principle
Therefore, the lower court recognized the concurrent relationship between each of the instant offenses and the offense on October 31, 2018, which became final and conclusive, as stipulated in the latter part of Article 37 of the Criminal Act.