The judgment of the court below is reversed.

Imprisonment with prison labor for the crimes of No. 1 (A) and (b) and the crimes of No. 2 of the judgment of the defendant.

Summary of Grounds for Appeal

Considering the fact that the Defendant has repeatedly used violence against theless ordinary people, and that some of the crimes of this case were committed during the period of probation and the sentence of a suspended sentence or a fine cannot prevent the recidivism of the Defendant, the sentence imposed by the lower court (one year of the suspended sentence of imprisonment for April, one year of the suspended sentence of imprisonment for February, one year of the suspended sentence of imprisonment, and five million won of fine) is too unreasonable.

Judgment

We examine ex officio the judgment on the grounds for appeal by the prosecutor.

In the latter part of Article 37 of the Criminal Act, the term “a crime for which judgment to punish with imprisonment without prison labor or heavier punishment has become final and the crime committed before such judgment has become final and conclusive” shall be deemed concurrent crimes. Article 39(1) of the Criminal Act provides that if there is a crime for which judgment has not been rendered among concurrent crimes, the punishment for such crime may be mitigated or remitted in consideration of equity between the crime and the crime for which judgment has not become final

However, in light of the language, purpose of legislation, etc. of each of the above provisions, if a crime for which no judgment has yet become final and conclusive 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 shall not be imposed at the same time in consideration of equity and equality in the case of a judgment and that the sentence

(2) According to the records of this case, the Defendant, who was sentenced to a suspended sentence of two years at the Seoul Central District Court on October 6, 201, due to fraud, etc. on October 6, 2011 (hereinafter referred to as “the first judgment”), was finally and conclusively sentenced on October 14, 201 (hereinafter referred to as “the first judgment”), and on January 17, 2012, was sentenced to a suspended sentence of one year and six months for violating the Punishment of Violences, etc. Act (a violation of the Act on Punishment of Violences, Etc.) and was sentenced to a suspended sentence of two years for one year and six months on January 26, 201 (hereinafter referred to as “the second judgment”).