The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

A. “The crime for which a judgment to punish with imprisonment without prison labor or a heavier punishment has become final and conclusive” falls under concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, considering equity in cases where a crime for which judgment has not been rendered and a crime for which judgment has become final and conclusive under Article 39(1) of the Criminal Act has become final and conclusive, punishment for such crime shall be imposed. In light of the language and legislative purport of Articles 37 and 39(1) of the Criminal Act, where a crime for which judgment has not become final and conclusive cannot be judged concurrently with the crime for which judgment has become final and conclusive, the concurrent crimes of Article 37 of the Criminal Act cannot be established, and the crime for which judgment has become final and conclusive after the lapse of 20 years (see, e.g., Supreme Court Decisions 201Do469, Mar. 27, 2014; 201Do469, Mar. 14, 2014).