[Judgment of the court below concerning the crime of 2018 Highest 2685, 2018 Highest 4640]

1. The compensation order among the above judgment of the court below.

1. The summary of the grounds for appeal (e.g., in the original judgment) of the lower court: Imprisonment with prison labor for three months, [2018 Highest 2685] and [2018 Highest 4640] of the lower court’s holding, each of the crimes in each case is too heavy (two years of imprisonment).

2. Ex officio judgment (2018 order 2685), [18 order 2018 order 4640] and part of the case] (1) a crime for which judgment to face imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive constitutes concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, a crime for which judgment has not been rendered among concurrent crimes under Article 39 (1) of the Criminal Act and a crime for which judgment has not been made final and conclusive shall be sentenced in consideration of equity in cases where such

Meanwhile, in light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, in cases where a crime for which judgment has not yet become final and conclusive cannot be judged concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that the sentence shall not be imposed concurrently in consideration of equity and equity, or the sentence shall not be mitigated or exempted

In addition, Article 38 of the Criminal Act cannot be deemed to apply to several crimes which have not yet been adjudicated, where several crimes which were committed before and after the final judgment became final and conclusive, are committed not concurrently with the crime for which judgment became final and conclusive, and as there is no final and conclusive judgment, the relation of concurrent crimes under the former part of Article 37 of the Criminal Act among the several crimes, and therefore, a separate sentence shall be determined and sentenced for each crime committed before and after the final and conclusive judgment.

(2) According to the records, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. at the Seoul Western District Court on February 18, 2014 and two years of suspended execution on February 7, 2015, and the judgment became final and conclusive on February 10, 2017, and on February 10, 2017, the Defendant was punished by a fine of one year and one month of imprisonment with prison labor for each of the crimes of gambling at the Busan District Court on February 10, 2017.