The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The summary of the grounds for appeal (as to the violation of the Punishment of Violences, etc. Act) has not inflicted any injury on the victims by group or multiple force in collusion with D;

Nevertheless, the court below found the defendant guilty of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.). The court below erred by misunderstanding facts or misunderstanding legal principles, which affected the conclusion

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

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 cannot be judged concurrently with a crime for which judgment has already become final and conclusive, the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established, and it is reasonable to interpret that a sentence may not be imposed or the sentence may not be mitigated or remitted in consideration of equity in cases where a judgment

On the other hand, Article 38 of the Criminal Act is not applicable to several crimes which have not yet been adjudicated before and after the final judgment became final and conclusive, since there is no final and conclusive judgment on the grounds that 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, among several crimes, the relation of concurrent crimes under the former part of Article 37 of the Criminal Act is recognized and Article 38 of the Criminal Act is not applicable.

(See Supreme Court Decision 2014Do469 Decided March 27, 2014 (see, e.g., Supreme Court Decision 2014Do469). According to the evidence duly adopted and examined by the lower court, the Defendant was sentenced to imprisonment with labor for ten months at the Suwon District Court for a crime of violating the Punishment of Violences, etc. Act (joint injury) on August 11, 201 and the said judgment (hereinafter “instant judgment”) became final and conclusive on August 19, 201, and ② the Defendant was also sentenced to the same court on October 10, 2012.