The judgment of the court below is reversed, and the case is remanded to Daejeon District Court.

Judgment ex officio is made.

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

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 relationship 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 sentence shall not be imposed or the sentence shall not be mitigated or remitted in consideration of equity with

(see, e.g., Supreme Court Decision 2009Do9948, Oct. 27, 2011). Meanwhile, as long as there is no final and conclusive judgment that became final and conclusive, where several crimes which had not yet been adjudicated were committed before and after the final and conclusive judgment, the crimes committed before and after the final and conclusive judgment cannot be judged concurrently with the crimes for which the final and conclusive judgment became final and conclusive, the concurrent crimes under the former part of Article 37 of the Criminal Act between several crimes are deemed to have been committed, and Article 38 of the Criminal Act cannot be deemed to have been applied. Therefore, separate punishment for each crime

(see, e.g., Supreme Court Decision 2011Do2351, Jun. 10, 2011). 2. The record reveals the following facts.

① On November 23, 2017, the Defendant was sentenced to four months of imprisonment with prison labor or one year of suspension of execution for the crime of assault at the Daejeon District Court’s Branch Branch, and the judgment became final and conclusive on December 1, 2017 (hereinafter “previous conviction”); ② on June 21, 2018, the same court committed a violation of the Road Traffic Act (recognition refusal), and the offense of insult and insult, and three million won of imprisonment with prison labor for six months of suspension of execution and two years of suspension of execution, and the crime of injury to the military.