The judgment of the court below is reversed.

[Defendant] 1-A] of the judgment of the court below (2015 Godan1336]

A list of crimes in attached Form 2.

1. The sentencing of the lower court (ten months of imprisonment and eight months of imprisonment) is too unreasonable.

2. Ex officio determination

A. 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 cannot be judged concurrently with a crime for which judgment has already become final and conclusive, it is reasonable to interpret that the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established and that the sentence may not be imposed or mitigated or remitted in consideration of equity and equity in the concurrent decision pursuant

(See Supreme Court Decision 2012Do9295 Decided September 27, 2012, and Supreme Court Decision 2014Do469 Decided March 27, 2014, etc. (see, e.g., Supreme Court Decisions 2012Do929, Sept. 27,

According to the records, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment with labor for special larceny, etc. at the Daejeon District Court on December 12, 2014 and the judgment on December 20, 2014 became final and conclusive (hereinafter “the crime before and after the sentence”) (hereinafter “the crime before and after the sentence”), and the judgment on February 24, 2015 became final and conclusive on February 13, 2015 after being sentenced to a suspended sentence of 2 years of imprisonment with labor for special larceny at the Daejeon District Court on February 13, 2015 (hereinafter “the crime before and after the sentence”).

(c) [2015 Highest 136] 1-A.

Crimes, No. 1 through 13, No. 2, No. 1 through 13, [2015 Highest 1417] and [2015 Highest 2729], [2015 Highest 2763], each of the crimes, [2015 Highest 2243] 1-

(a)(i), (ii) and (b);

Article 2 of the Criminal Act provides that the crimes in the preceding and the second crimes shall be committed before the judgment becomes final and conclusive, but inasmuch as the preceding and the crime were committed before the judgment becomes final and conclusive, the latter part of Article 37 of the Criminal Act cannot be established since the crime in the preceding and the crime cannot be judged at the same time in accordance with the above legal principles.

Nevertheless, the judgment of the court below which sentenced punishment in consideration of equity and cases where the above crime and the second crime are judged simultaneously shall not be maintained any longer.

On the other hand, there is no final judgment that the above crime was ② the case where it was impossible to judge at the same time as the previous crime.