The appeal is dismissed.

The grounds of appeal are examined.

A court which adjudicates on latter concurrent crimes under Article 37 of the Criminal Act may determine the punishment for latter concurrent crimes within the applicable range of latter concurrent crimes, taking into account equity in cases where a judgment is rendered concurrently with the crimes for which judgment has become final and the crimes for latter concurrent crimes.

In principle, whether to reduce or exempt punishment for latter concurrent crimes may be determined at the discretion of the court which tried on the relevant crime (see Supreme Court Decision 2006Do8376, Sept. 11, 2008). According to the reasoning of the lower judgment, the lower court determined the punishment for the instant crime, which is in a concurrent relationship with the crime for which judgment became final and conclusive, after Article 37 of the Criminal Act, by applying Article 39(1) of the Criminal Act, for six months.

As such, the lower court did not err in its judgment by misapprehending the legal doctrine on the treatment of single concurrent crimes after Article 37 of the Criminal Act, contrary to what is alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.