The judgment of the court below (excluding the partial rejection of an application for compensation) shall be reversed.

The court below held that Defendant 2019Kadan4165 was the case.

1. Summary of grounds for appeal;

A. Defendant: The lower court’s sentence of unreasonable sentencing (two years of imprisonment, compensation order) is too unreasonable.

B. Prosecutor 1) Inasmuch as the crime No. 1 per year table 1 of the judgment of the court below in the case of 2019Da4165 of the lower judgment is a crime before and after the final judgment, the lower court, despite the fact that a separate sentence is to be imposed from the crime after the final judgment, is unlawful by imposing one punishment on the entire crime. 2) The lower court’s sentence of unfair sentencing is too uneas

2. Determination

A. According to the prosecutor’s assertion of misapprehension of the legal principles, the judgment of the Daejeon District Court on November 28, 2017 rendered on April 28, 2017 sentenced the defendant to imprisonment with prison labor for a violation of the Special Act on Insurance Fraud Prevention, etc., and on November 28, 2017, the defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) which became final and conclusive on February 22, 2017 among the crimes of the defendant in the above judgment and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act for a crime committed before February 22, 2017.

Therefore, the crime of this case for which six months have been sentenced to imprisonment is not related to the crime of this case, and thus, it is not mentioned in the main text.

on June 28, 2018, the above judgment became final and conclusive.

Inasmuch as the crime No. 1 annually No. 1 of the List of Offenses (the date and time of the crime) as indicated in the judgment of the court below against the defendant is in a concurrent relationship with the crime of violation of the Special Act on the Prevention of Insurance Fraud and the latter part of Article 37 of the Criminal Act, which became final and conclusive, a punishment for the above crime shall be imposed in consideration of the equity in the case where a concurrent judgment is to be rendered pursuant to the main sentence of Article 39(1) of the Criminal Act. The above crime is not in a concurrent relationship with the remaining crimes of Article 37 of the Criminal Act after the judgment of the court below becomes final and conclusive, and thus a separate sentence shall be imposed.

However, the court below sentenced the whole of the crimes as stated in the judgment of the court below to a single punishment in view of the concurrent crimes under the former part of Article 37 of the Criminal Act.