All judgment of the court below shall be reversed.

Defendant

G shall be punished by imprisonment with prison labor for a year and eight months, and by imprisonment with prison labor for a year.

1. The summary of the grounds for appeal (i.e., imprisonment of two years and six months, confiscation, collection, and (ii) imprisonment of one year and eight months, additional collection (the judgment of the court of first instance), imprisonment of three months, and additional collection (the judgment of the court of second instance) are too unreasonable.

2. Ex officio judgment (Defendant A);

A. As the case of the first and second judgments of the court below appealed by Defendant A, each of the crimes in the first and second judgments against Defendant A became concurrent crimes under the former part of Article 37 of the Criminal Act.

In such a case, in accordance with Article 38 of the Criminal Code, one punishment should be sentenced simultaneously, so the part of the judgment of the court of first instance against the defendant A and the judgment of the court of second instance can no longer be maintained.

B. Meanwhile, a crime for which a judgment of 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 falls under concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, a punishment shall be imposed in consideration of equity in cases where a crime which has not been adjudicated among concurrent crimes under Article 39(1) of the Criminal Act

(see, e.g., Supreme Court Decisions 2009Do2066, May 14, 2009; 2015Do5257, Jun. 24, 2015). However, according to the records, Defendant A was sentenced to a suspended sentence of one year for a crime of violating the Act on the Control of Narcotics, Etc., and was sentenced to a suspended sentence of two years for a year, probation, and additional collection on November 29, 2019.

As such, if a judgment imposing the Defendant’s imprisonment without prison labor or heavier punishment becomes final and conclusive, each of the instant offenses and the instant separate offenses for which judgment has become final and conclusive constitute concurrent crimes under the latter part of Article 37 of the Criminal Act.

As a result, in this case, the sentence shall be determined in consideration of equity in the case where the judgment was rendered at the same time with the crime in the related case that became final and conclusive in accordance with Article 39(1) of the Criminal Act. In this respect, the judgment of the court below No. 1 and

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