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The judgment below
No. 1-C. of the holding
It exceeds 20,600,000 won by imprisonment with prison labor and by the defendant for a crime.
Reasons
1. Summary of the grounds for appeal (No. 1-2 of the judgment of the court below)
(a)8 months of imprisonment, 2 years of suspension of execution, confiscation and collection, and 1-C of the decision of the original court in respect of crimes;
The punishment of imprisonment with prison labor for not less than 4 months and additional collection for crimes are too unreasonable.
2. Determination
A. 1-C. of the judgment of the court below
"A crime for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and a crime committed before such judgment has become final and conclusive" in regard to part of a crime constitutes 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 under Article 39 (1) of the Criminal Act and a crime for which judgment has become final and conclusive shall be sentenced in consideration of equity in cases where
Meanwhile, 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 been 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 sentence may not be imposed, or the sentence may not be mitigated or exempted, taking into consideration equity and equity (see, e.g., Supreme Court Decisions 2013Do1203, May 16, 2014; 2012Do9295, Sept. 27, 2012). According to the evidence duly adopted and examined by the lower court, the Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court’s expense, and for six months at the same time, for six months at the same time, for a final and conclusive judgment of 15 months at the same time (the same time, 2014Da1183, Dec. 16, 2014).