All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Nos. 1, 2, 9 through 244 of seized evidence.

1. The first instance court’s judgment found the Defendant guilty of all the facts charged and sentenced a sentence of one year and two months of imprisonment, and the Defendant and the prosecutor appealed on the ground of unfair sentencing.

The judgment of the court below of the second instance found the defendant guilty of all the facts charged and sentenced to imprisonment with prison labor for a year and six months, and the defendant appealed on the ground of unfair sentencing.

Before remanding, the court of appeal reversed all the judgment of the court below on the grounds of a consolidation in the appellate court, and sentenced the defendant to imprisonment with prison labor for two years and four months.

The prosecutor did not appeal against this, and only the defendant appealed on the ground that the case was concurrent crimes under the latter part of Article 37 of the Criminal Act, although the judgment below did not apply the latter part of Article 37 and Article 39(1) of the Criminal Act.

The Supreme Court accepted the defendant's appeal and reversed and remanded the case.

2. Summary of grounds for appeal;

A. The defendant's assertion that the court below sentenced the defendant (the court below's judgment of 1: imprisonment with prison labor for 1 year and 2 months, and imprisonment with prison labor for 1 year and 6 months) is unfair.

B. The prosecutor’s assertion that the prosecutor’s judgment of the court of first instance declared by the defendant is too unfasible and unfair.

3. Determination

A. As the first instance judgment and each case of the second instance judgment appealed by the Defendant and the prosecutor, each of the first and second instance judgment against the Defendant became concurrent crimes under the former part of Article 37 of the Criminal Act, the crimes of the first and second instance judgment against the Defendant became concurrent crimes.

In such cases, Article 38 of the Criminal Code should be ruled simultaneously and sentenced to one punishment, so the judgment of the first and second court can no longer be maintained.

B. The crime for which judgment of imprisonment without prison labor or heavier punishment has become final and the crime committed before such judgment has become final and conclusive constitutes concurrent crimes stipulated in the latter part of Article 37 of the Criminal Act. In such cases, a crime which has not been adjudicated among concurrent crimes pursuant to Article 39(1) of the Criminal Act and a judgment