The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

except that this judgment.

1. The summary of the grounds for appeal is unreasonable as it is too unreasonable that the sentence against the Defendants (two years of suspended sentence to October, and two years of suspended sentence to June) is too unreasonable.

2. Determination

A. Ex officio determination with respect to Defendant A constitutes concurrent crimes as provided in the latter part of Article 37 of the Criminal Act, “a crime for which judgment to face imprisonment without prison labor or a heavier punishment has become final and conclusive and a crime committed before such judgment has become final and conclusive. In such a case, a crime for which judgment has not been rendered among concurrent crimes pursuant to Article 39(1) of the Criminal Act and a crime for which judgment has not become final and conclusive shall be sentenced in consideration of equity

Meanwhile, 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 judgment has not yet become final and conclusive could not be judged concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that the sentence may not be imposed, or the sentence may not be mitigated or exempted, taking into consideration equity and equity (see, e.g., Supreme Court Decision 2012Do9295, Sept. 27, 2012). According to the evidence duly adopted and examined by the lower court, the Defendant was sentenced to one year of imprisonment on April 4, 207 with prison labor for a violation of the Regulation of Similar Receiving Acts at the Seoul Central District Court, and thus, the judgment becomes final and conclusive on June 15, 2007 (hereinafter “final judgment”) (hereinafter “the final and conclusive judgment”) and the Defendant cannot be deemed to have been sentenced to imprisonment with prison labor for not more than 20 days before the final and conclusive judgment from July 23, 20009 to the final judgment.

Nevertheless, the Criminal Act is applicable to the crime of this case committed by the court below after the first final judgment became final and conclusive.