The judgment below

Part concerning the second crime in the judgment shall be reversed.

Two months of imprisonment with prison labor for the crimes of No. 2 of the judgment of the defendant.

1. The decision of the court below on the gist of the grounds for appeal (each of the crimes listed in the decision No. 1: Imprisonment with prison labor for 6 months and imprisonment for 2 months) is too unreasonable.

2. We examine ex officio the defendant's grounds for appeal as to the part concerning the second crime in the judgment of the court below prior to the judgment.

(a) “The crime for which a judgment to face with imprisonment without prison labor or a heavier punishment has become final and the crime committed before the said judgment has become final and conclusive” constitutes concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, a sentence shall be imposed in consideration of equity in cases where a crime among concurrent crimes has not been adjudicated under Article 39(1) of the Criminal Act and a crime for which a judgment has become final

Meanwhile, in light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, where 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, a sentence shall not be imposed, or the punishment shall not be mitigated or exempted, taking into consideration equity and equity (see, e.g., Supreme Court Decision 2012Do9295, Sept. 27, 2012). According to the evidence duly adopted and examined by the lower court, the Defendant was sentenced four months to imprisonment with labor for a violation of the Road Traffic Act (unlicensed Driving) at the Cheongju District Court on May 10, 201, and the judgment became final and conclusive on October 2, 2013 (hereinafter “1) and the Defendant shall be sentenced to imprisonment with prison labor for not more than 15 months before the judgment became final and conclusive on October 16, 2013 (hereinafter “15th judgment”).

Therefore, the crime of the second judgment is a case where the judgment cannot be sentenced simultaneously with the crime committed after the date on which the first judgment becomes final and conclusive.

Nevertheless, the lower court is the Criminal Act regarding the second crime as indicated in the lower judgment, which was committed before the second judgment becomes final and conclusive after the date of the final judgment of the first instance.