The judgment below

Of the judgments of the court below, the part concerning the crime Nos. 1 through 5 shall be reversed.

No. 1 to 1 of the judgment of the court below.

Summary of Grounds for Appeal

Defendant

Each sentence of the court below (the crime of Articles 1 through 5 in the original judgment: 2 years of suspended sentence in April, and the crime of Articles 6 through 8 in the original judgment: Imprisonment with prison labor for 6 months) is too unreasonable.

Each sentence of the court below by the public prosecutor is too unhued and unreasonable.

Judgment

I will examine ex officio the grounds for appeal of unfair sentencing on this part of the defendant and prosecutor before determining ex officio (the first or fifth part of the judgment in the original trial).

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 no judgment has yet to be rendered could not be judged concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that the punishment shall not be imposed at the same time in consideration of equity and equality in cases where a judgment is to be rendered

(see, e.g., Supreme Court Decisions 2009Do9948, Oct. 27, 2011; 2012Do9295, Sept. 27, 2012). On July 6, 2011, the Defendant was sentenced to a suspended sentence of two years at the Gwangju District Court for the crime of habitual gambling in August, 201, and the Prosecutor appealed the said judgment, but the said court dismissed the said appeal on October 7, 201, and the said judgment became final and conclusive on October 15, 201.

(hereinafter “(1) Section.” On November 29, 2012, the Defendant appealed at the Gwangju District Court sentenced the Defendant to a suspended sentence of imprisonment for eight months for fraud, but the said court dismissed the appeal on March 20, 2013, and the said judgment became final and conclusive on March 28, 2013.

(2) On the other hand, the crime in the preceding section is committed on May 3, 201 by the date and time of the crime. (1) The crime in the preceding section is committed on or before October 15, 2011, which is the date and time of the judgment with the preceding section.

As to the crimes of Articles 1 through 5 in the holding of the lower court, the lower court sentenced a sentence by taking account of equity with the case where the judgment was rendered simultaneously with the crime of the preceding sentence, which became final and conclusive under Article 39(1) of the Criminal Act, but the crimes of Articles 1 through 5 in the holding of the lower court (the date and time of the crime: from May 201 to September 201) are (1) after the date when the judgment with the preceding sentence becomes final and conclusive ( October 15, 201).