The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. We examine whether the crime of this case is likely to be mitigated or exempted from punishment pursuant to the latter part of Article 39(1) of the Criminal Act, taking into account equity with the case where the crime of this case was tried at the same time, in a concurrent relationship between the crime of this case and the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (special robbery, rape, etc.) sentenced to imprisonment for life on January 17, 2002, which was revealed as the result of DNA identification after 11 years from March 29, 2001, which was the date of the crime.

Article 39(1) of the Criminal Act does not provide that the punishment shall not be imbalance between the latter concurrent crimes of Article 37 of the Criminal Act and the former concurrent crimes, but if there is a crime for which judgment among concurrent crimes has not been rendered, the sentence shall be imposed on the crime for which judgment has not been rendered after deducting the punishment for the crime for which judgment has become final from the total punishment after setting the total punishment within the scope of the applicable sentences calculated by applying Article 38 of the Criminal Act within the scope of the applicable sentences calculated by applying Article 38 of the Criminal Act to the crime for which judgment has become final or after deducting the punishment for the crime for which judgment has become final or after deducting the punishment for the crime for which judgment has not been rendered."

The purport of this is to determine the entire form of punishment or restrict the scope of the applicable sentences in the same way as above, it can be against the principle of res judicata against the crime for which judgment has become final and conclusive, and, first, a reasonable and appropriate sentence that corresponds to the liability is determined by the restriction of the scope of punishment to be sentenced for latter concurrent crimes after the punishment for the crime for which judgment has become final and conclusive.