The judgment below

Part 1 of the judgment is reversed.

The defendant shall be punished by imprisonment with prison labor for two months for the crime No. 1 of the decision of the court below.

1. The summary of the grounds for appeal (unfair sentencing): Each sentence of the lower court (a crime No. 1 as indicated in the lower judgment: Imprisonment with prison labor for two months and a crime No. 2 as indicated in the lower judgment: Imprisonment with prison labor for two months) is too uneasible and unfair.

2. Determination

A. Ex officio determination of the part concerning the crime of Article 1 of the judgment of the court below as to the crime constitutes concurrent crimes as provided in the latter part of Article 37 of the Criminal Act. In this case, the crime for which judgment has not been rendered among concurrent crimes and the crime for which judgment has become final and conclusive under Article 39(1) of the Criminal Act shall be sentenced in consideration of equity and the case for which judgment has become final and conclusive.

Where a crime for which one judgment has not yet become final and conclusive could not be judged concurrently with the crime for which a judgment has already become final and conclusive, the sentence shall not be imposed, or the punishment therefor shall not be mitigated or exempted, taking into account equity and equity (see, e.g., Supreme Court Decision 2013Do1203, May 16, 2014). According to records, the fact that (i) the Defendant was sentenced to a suspension of execution for six months on April 25, 2018 on the ground that he/she attempted to larceny structures at night at the Busan District Court Seo branch branch for the purpose of destroying structures at night on the same time on May 3, 2018 (hereinafter referred to as “one final and conclusive judgment”); (ii) the Defendant was sentenced to imprisonment with prison labor at the Busan District Court on November 19, 2018 (hereinafter referred to as “the final and conclusive judgment”) before the final and conclusive judgment became final and conclusive and conclusive on July 18, 2018 (hereinafter referred to as “the final and conclusive judgment”).

According to this, the crime No. 1 of the decision of the court below is in the relation of concurrent crimes between the crime of final and conclusive judgment No. 1 and the crime of single concurrent crimes after Article 37 of the Criminal Act, and the crime of single concurrent crimes after Article 37 of the Criminal Act is sentenced to imprisonment with prison labor of

However, there is a problem.