The judgment of the court below is reversed.

The crime of Article 2 and Article 3-2 of the Judgment shall be punished by imprisonment of 10 months for the crime of Article 1 of the Decision of the accused.

1. The gist of the grounds for appeal is excessively unreasonable.

2. Determination 1 ex officio prior to the judgment on the grounds for appeal by the Defendant, according to the records, the Defendant was sentenced to imprisonment with prison labor for one year and six months, and two years of suspension of execution on July 16, 2010, with a view to the violation of the Punishment of Violences, etc. Act (a collective weapon, deadly weapon, etc.) at the Pyeongtaek-gu District Court on July 8, 2010, and the judgment becomes final and conclusive (hereinafter “previous conviction”).

(2) On March 23, 2011, this Court was sentenced to six months of imprisonment for perjury and one year of suspended execution, and the judgment was finalized on May 27, 2011 (hereinafter “second prior conviction”) (hereinafter “second prior conviction”).

(2) Criminal records are crimes committed before the day on which a judgment of conviction becomes final and conclusive. On the other hand, “the crime for which a judgment to face with imprisonment without prison labor or a heavier punishment has become final and the crime committed before such judgment has become final and conclusive” falls under concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In this case, in consideration of equity and the case for which a judgment has not become final and conclusive under Article 39(1) of the Criminal Act and a crime for which a judgment has not become final and conclusive among concurrent crimes, a sentence shall be imposed. However, in light of the language of latter part of Article 37 and Article 39(1) of the Criminal Act and the legislative intent of Article 39(1) of the Criminal Act, if a crime for which a judgment has not yet become final and conclusive cannot be adjudicated concurrently with the crime for which

(See Supreme Court Decision 2009Do9948 Decided October 27, 2011) The health care unit return to the instant case, the crime of Article 2 of the lower judgment, and the crime of Article 3 (A) (hereinafter “instant crime”)

(2) A criminal record and the latter part of Article 37 of the Criminal Act are concurrent crimes, but ① A criminal record could not be sentenced simultaneously with a criminal record.

Therefore, the court below's judgment is simultaneously with the crime of this case under Article 39 (1) of the Criminal Act.