The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined (to the extent of supplement in case of any statement in the supplemental appellate brief not timely filed).

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 relation of concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established, and it is reasonable to interpret that the punishment shall not be imposed or the punishment shall not be mitigated or exempted in consideration of

(See Supreme Court Decision 2009Do9948 Decided October 27, 201, and Supreme Court Decision 2012Do9295 Decided September 27, 2012, etc.). Meanwhile, as long as there is no final judgment that became final and conclusive, the crime committed before and after the final and conclusive judgment cannot be judged concurrently with the crime for which judgment became final and conclusive, where multiple crimes not yet adjudicated were committed before and after the final and conclusive judgment became final and conclusive, the relationship between the several crimes under the former part of Article 37 of the Criminal Act is deemed to be applicable, and Article 38 of the Criminal Act cannot be deemed to apply. Thus, separate punishment for each crime committed before and after the final and conclusive judgment is determined and sentenced.

(2) According to the reasoning of the lower judgment and the record, the Defendant committed a crime of violation of the Narcotics Control Act on January 5, 2012 and January 17, 2012 prior to the final and conclusive judgment on February 29, 2012, which was sentenced to a suspended sentence of two years at the Seoul Central District Court, for the same offense. However, the Defendant was sentenced to a suspended sentence of two years for the same offense at the Seoul Central District Court on November 26, 201, separately from the above criminal offense, and was sentenced to a suspended sentence of one year for the same offense at the Seoul Central District Court on November 26, 201, and the offense for which the judgment became final and conclusive on February 29, 2012 was committed prior to the final and conclusive judgment on November 26, 2011, and the offense of violation of the Act on the Control of Narcotics, etc. on which the judgment became final and conclusive on February 29, 2012.