The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and two months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. In light of the language, legislative purport, etc. of Articles 37 and 39(1) of the Criminal Act, prior to the determination of ex officio the defendant and prosecutor’s grounds for appeal, 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 interpret that a group of concurrent crimes cannot be established after Article 37 of the Criminal Act, and that a sentence shall not be imposed, or mitigated or exempted, taking into consideration the case of concurrent judgment and equity pursuant to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decision 2014Do469, Mar. 27, 2014). According to the following written inquiries, such as criminal history, and each of the above crimes of this case, were committed before and after 20 years have not yet become final and conclusive by the Seoul Central District Court and 15 months have not yet become final and conclusive by being sentenced to imprisonment with prison labor for 20 months before December 11, 2012015.

Therefore, the relationship between the crime for which judgment was rendered on December 11, 2015 and each of the crimes of this case cannot be established, and the crime for which judgment has become final and conclusive when a sentence is sentenced for a crime for which judgment has not been rendered among the concurrent crimes.