The judgment below

Of the judgment of the court below, No. 1-A.

The part of the crime (the violation of the Guarantee of Automobile Accident Compensation Act of April 23, 2013) is committed.

1. Summary of grounds for appeal;

A. Defendant: The sentence imposed by the lower court on the grounds of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

B. Prosecutor: The lower court acquitted the Defendant on the charge of larceny among the facts charged in the instant case. However, in light of the fact that there is evidence corresponding to this part of the facts charged, the Defendant’s statement falls short of credibility, and the victim’s statement is consistent, etc., the fact that the Defendant committed a crime identical to this part of the facts charged can be fully recognized. Nevertheless, the lower court acquitted the Defendant on this part of the facts charged, which erred in misunderstanding of facts. (2) The lower court’s decision that acquitted the Defendant on this part of the facts charged is erroneous and unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and prosecutor.

In light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, if a crime for which judgment has not yet become final and conclusive cannot be judged concurrently with the crime for which judgment has already become final and conclusive, the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established and the sentence cannot be imposed or mitigated or remitted in consideration of equity with the case where a judgment is to be rendered at the same time

(2) On May 14, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment with labor for special larceny in the Daejeon District Court’s subdivision support on May 14, 2013, and the said judgment (hereinafter “the first final judgment”) became final and conclusive on May 22, 2013. On January 23, 2015, the Defendant was sentenced to eight months of imprisonment with labor for special larceny, etc. from a public main branch of the Daejeon District Court’s branch office and became final and conclusive on June 4, 2015 (hereinafter “second final and conclusive judgment”). Meanwhile, each crime of the second final and conclusive judgment is subsequent to the date on which the first final and conclusive judgment became final and conclusive.