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All judgment of the court below shall be reversed.
In the second instance, the defendant is the defendant Nos. 1 to 14 of the crime sight table of No. 1 in the judgment of second instance.
Reasons
1. Each sentence (No. 1: Imprisonment with prison labor for 2 months, and No. 2: the judgment of the court below for 1: the crime No. 1 through No. 14) declared by the court below, the summary of the grounds for appeal, and No. 2
(b) 6 months of imprisonment with prison labor for the crimes, 3 through 9, 12 or 17, 15 to 19 of the crime list No. 1 of the ruling, 2-
(a)in respect of the crimes, offences 10, 11, 18 or 20, imprisonment with prison labor for not less than one year and six months) are too unreasonable;
2. Determination
A. Of the judgment of the court below of first instance and the judgment of the court of second instance, each of the crimes No. 15 through 19 in the list of crimes No. 1 in the judgment of the court of second instance, and No. 2
A. Each appeal case against the judgment of the court below was consolidated at the court below's ex officio decision on the part of crimes, crimes, 10, 11, 18, and 20 crimes. Of the judgment of the court below, the first instance court's decision against the defendant and the second instance court's decision No. 15 through 19 crimes No. 15 through 19 of the list of crimes in the judgment of the court below, 2-2
A. Since crimes, 10, 11, 18, and 20 are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) 2 of the Criminal Act, among the judgment of the court below of first instance and the judgment of the court of second instance, each of the crimes listed in Articles 15 through 19 of the list of crimes listed in Article 1 of the judgment of the court of second instance, and 2-2
(a)the parts of crimes, crimes, 10, 11, 18, and 20 are no longer maintained;
B. Crimes No. 1 to No. 14 of the crime list No. 1 of the judgment of the court below of the second instance, and No. 2 of the judgment of the court below
B. In light of the language, legislative intent, etc. of Articles 37 and 39(1) of the Criminal Act ex officio determination on the part concerning crimes, 3 through 9, and 12 through 17, in cases where a crime for which judgment has not yet become final and conclusive cannot be adjudicated concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that a sentence shall not be imposed, or a sentence shall not be mitigated or exempted in consideration of equity and equality in cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decision 2012Do9295, Sept. 27, 2012). According to the records, the defendant was sentenced to imprisonment with prison labor for larceny, fraud, etc. at the Incheon District Court on November 22, 2017 and on August 12, 2018.