The judgment below

The part of the defendant's case shall be reversed.

Defendant 2, 2019, 4269, Nos. 1 through 4.

1. Summary of grounds for appeal;

A. The sentence of the court below (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of imprisonment (two years and six months of imprisonment) is too unhued and unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced on November 10, 2017 to the Busan District Court 2017No3152, 2017No3243 (Merger), and the judgment (hereinafter “judgment 1”) became final and conclusive on January 12, 2018 in which he/she was sentenced to imprisonment with labor for fraud, etc., and the Defendant also appears to have been sentenced to imprisonment with labor for four months on October 24, 2018 due to a violation of the Automobile Accident Compensation Guarantee Act in the Daegu District Court Branch Decision 2018No1893, the Defendant was sentenced to two years of suspension of execution for April due to a violation of the Motor Vehicle Accident Compensation Act, etc.

【Report of Investigation (Confirmation of Fixed Date of Judgment of Suspension of Execution)】 The judgment (hereinafter referred to as “judgment 2”) is recognized as final and conclusive.

However, each of the crimes in the instant judgment Nos. 1 through 4 of the 2019 Highest 4269 [Attachment List 8] is committed after the first judgment became final and conclusive, and the second judgment becomes final and conclusive, and the remaining crimes are committed after the second judgment becomes final and conclusive.

On the other hand, each crime of the second judgment is committed by the defendant before the first judgment becomes final and conclusive, and each crime of the crimes in the judgment Nos. 1 through 4 of the 2019 Highest 4269 [Attachment VIII] cannot be judged concurrently with each crime of the second judgment, and therefore, the reduction or exemption under Article 39(1) of the Criminal Act cannot be made.

(See Supreme Court Decision 2009Do9948 Decided October 27, 201, etc.). However, as long as there is no final and conclusive judgment that became final and conclusive, a concurrent relationship between several crimes under the former part of Article 37 of the Criminal Act is recognized and Article 38 of the Criminal Act is not applicable, each crime committed before and after the final and conclusive judgment is separate.