The judgment below

Of the judgments of the court below, the part concerning the second crime is reversed.

As to the second crime in the judgment of the court below, the defendant.

1. The summary of the grounds for appeal (No. 2 of the original decision: Imprisonment with prison labor for 4 months, and No. 3 of the original decision: Imprisonment with prison labor for 4 months) declared by the lower court is too unreasonable.

2. The defendant's ex officio decision (the second part of the judgment of the court below) is examined as to the grounds for appeal of unfair sentencing as to the second part of the judgment of the court below.

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 no judgment has yet to be rendered could not be judged concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that the punishment shall not be imposed at the same time in consideration of equity and equality in cases where a judgment is to be rendered

(See Supreme Court Decision 2009Do9948 Decided October 27, 201, and Supreme Court Decision 2012Do9295 Decided September 27, 2012, etc.). The Defendant was sentenced to a suspended sentence of two years on June 12, 2013 for a violation of the Road Traffic Act (unlicensed Driving) and a suspended sentence of six months for a violation of the Guarantee of Automobile Accident Compensation Act (hereinafter referred to as “former Department”) on June 20, 201, and the judgment became final and conclusive on June 20, 2013 (hereinafter referred to as “former Department”); ② in the Changwon District Court branch on August 28, 2013, the Defendant was sentenced to a suspended sentence of two years for larceny and a violation of the Road Traffic Act (unlicensed Driving) on September 5, 2013, and the judgment became final and conclusive on September 5, 2013.

(2) On the other hand, the date and time of each of the crimes in the preceding section is the crime committed on May 21, 2013, which was (1) before June 20, 2013, which was the date of the final judgment with the preceding section.

Article 39(1) of the Criminal Act with respect to the crimes of Article 2 of the judgment of the court below, the court below sentenced a punishment with regard to the crimes of Article 2 of the judgment of the court below (the date and time of the crime: August 22, 2013). However, the crimes of Article 2 of the judgment of the court below (the date and time of the crime: August 22, 2013) are crimes committed after the final and conclusive date of the judgment of the court of the court below (the date and time of the crime: June 20, 2013).