The defendant's appeal is dismissed.

The summary of the evidence of the original judgment is as follows: "1........."

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

In particular, the instant crime is in a concurrent relationship with the instant crime under the latter part of Article 37 of the Criminal Act, since the instant crime was committed on December 14, 2018, which became final and conclusive by the judgment on April 11, 2019, and the instant crime under the latter part of Article 37 of the Road Traffic Act, and thus, the sentence should be imposed by taking into account the equity in cases where the judgment is rendered simultaneously with each of the above crimes

2. We first examine the Defendant’s assertion of unfair sentencing regarding the latter part of Article 37 of the Criminal Act regarding the Defendant’s assertion of concurrent crimes.

A. In light of the language, legislative intent, etc. of the relevant legal doctrine and 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, a concurrent crime relationship under the latter part of Article 37 of the Criminal Act cannot be established. It is reasonable to interpret that a sentence cannot be imposed or the sentence cannot be mitigated or exempted in consideration of equity and the case where judgment is

(See Supreme Court Decision 2014Do469 Decided March 27, 2014, etc.). B.

Facts of recognition

According to the court below's judgment and the evidence duly adopted and examined by this court, the following facts can be acknowledged.

① On May 12, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Seoul Central District Court (joint conflict), and the judgment became final and conclusive on July 1, 2016.

(hereinafter “1 final and conclusive judgment”). The crime pertains to Defendant’s fraud, computer, etc. fraud from May 2015 to June 2015, 2015, i.e., violation of the Punishment of Violences, etc. Act (joint conflict) around January 2015, and attempted attack.

(2) On October 26, 2018, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Seoul Central District Court on Seoul Central District Court on October 26, 2018.