The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

B.

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the Defendants (Defendant A: 8 months of imprisonment, Defendant B: 4 months of imprisonment) is too unreasonable.

B. The above sentence of the lower court against Defendant A of the Prosecutor is too unhued and unreasonable.

2. Determination

A. Examining the reasoning of each of the grounds for appeal by the Defendant and the Prosecutor as to Defendant A’s ex officio, the lower court deemed that the judgment rendered against Defendant A on August 19, 2017 constituted a single concurrent crime after Article 37 of the Criminal Act. In so doing, the lower court rendered a sentence by taking into account equity in cases where the instant case and the final judgment were simultaneously rendered pursuant to Article 39(1) of the Criminal Act.

However, in light of the latter part of Article 37 and the legislative purport of Article 39(1) of the Criminal Act, if a crime for which judgment has not yet become final and conclusive could not be judged concurrently with the crime for which judgment has already become final and conclusive, the relation of concurrent crimes after Article 37 of the Criminal Act cannot be established, and it is reasonable to interpret that a sentence may not be imposed or mitigated or exempted in consideration of equity and equity (Supreme Court Decision 2014Do469 Decided March 27, 2014). According to the records of this case, each of the crimes in this case committed by Defendant A was committed before the judgment which was sentenced to two years of suspension of execution for a period of four months by the Suwon District Court becomes final and conclusive on August 19, 2017, the crime in this case committed by the Defendant with a suspended sentence of one year and six months by the Suwon District Court, separate from the above criminal records, and each of the crimes in this case becomes final and conclusive on July 28, 2015.

Therefore, the relationship between the crime of August 19, 2017 and the crime of this case, which became final and conclusive on August 19, 2017, is a concurrent crime of Article 37 of the Criminal Code.