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The appeal is dismissed.
The judgment below
Of the 2nd page 13, “The said judgment became final and conclusive on April 7, 2017” means “the said judgment on April 7, 2017.”
Reasons
The grounds of appeal are examined.
1. In light of the legal principles as to the application of the latter part of Article 37 and Article 39(1) of the Criminal Act, in cases where a crime for which judgment has not yet been rendered could not be judged concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to have the sentence imposed at the same time under Article 39(1) of the Criminal Act or to interpret that the punishment may not be mitigated or exempted, taking into account equity and equity (see Supreme Court Decision 2013Do3142, Jun. 13, 2013). According to the reasoning of the lower judgment and the record, the Defendant was sentenced to imprisonment with prison labor for not less than eight months in the Daegu District Court’s branch branch on October 2, 2015, and the Defendant was sentenced to imprisonment with prison labor for not more than seven months, and the Defendant was sentenced to imprisonment with prison labor for not more than three years and not more than seven months in the final and conclusive judgment on February 26, 2016.
In this regard, the whole criminal facts of this case, which the court below found guilty, are ① which was committed after the judgment of the court below became final and conclusive, and ① which was committed before the judgment of the court below became final and conclusive, ② which was committed before the crime of the previous crime was committed, and thus, it is reasonable to view that the punishment cannot be mitigated or remitted by taking into account the equity and equity in the case where a judgment is rendered concurrently with the crime of the previous crime.
Therefore, the court below is justified in determining the punishment of the defendant without considering the previous offense.
In other words, there is a misapprehension of the legal principles on the latter part of Article 37 and the application of Article 39 (1) of the Criminal Code.