The judgment below

Among the parts against Defendant C, the remainder, excluding the rejection of an application for compensation order.

The grounds of appeal are examined.

1. As to the grounds of appeal against Defendant C, “a crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive” falls under concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a crime for which judgment has not been rendered among concurrent crimes pursuant to Article 39(1) of the Criminal Act and a crime for which judgment has not become final and conclusive shall be sentenced in consideration of equity and

Meanwhile, in light of the language, legislative purport, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, if a crime not yet adjudicated could not be judged concurrently with the crime for which judgment became final and conclusive, it is reasonable to interpret that the sentence may not be imposed, or the sentence may not be mitigated or exempted, taking into consideration equity and equity in cases where a judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decisions 2009Do948, Oct. 27, 201; 2012Do9295, Sept. 27, 2012). According to the reasoning of the lower judgment and the record, perjury of this case was committed on September 12, 2014 by Defendant C, who was sentenced to imprisonment with prison labor for robbery, etc. at the same time before the said judgment becomes final and conclusive, but the crime of perjury of this case committed on May 28, 2015, which became final and conclusive.

Therefore, as between the crime of murder by robbery, etc., which became final and conclusive on May 28, 2015, and perjury of this case on September 12, 2014, the relationship of concurrent crimes under Article 37 of the Criminal Act cannot be established between the crime of murder by robbery, etc., and when a sentence is imposed on a crime for which judgment has not been rendered among concurrent crimes, the same crime and the crime for which judgment has become final and conclusive shall be equity.