「CRIMINAL ACT」 SECTION 5 Concurrent Crimes Article 37 (Concurrent Crimes) Several crimes for which judgment has not become final, or a crime for which judgment to punish with an imprisonment without labor or a heavier punishment has become final and the crimes committed before the said final judgment shall be regarded as concurrent crimes. <Amended on Jan. 20, 2004> Article 38 (Concurrent Crimes and Application of Punishment) (1) When concurrent crimes are adjudicated at the same time, punishment shall be imposed in accordance with the following classification: 1. In the event the punishment specified for the most severe crime is death penalty or imprisonment with labor for an indefinite term or imprisonment without labor for an indefinite term, the punishment provided for the most severe crime shall be imposed; 2. In the event the punishments specified for each crime are of the same kind, other than death penalty or imprisonment with or without labor for an indefinite term, the maximum term or maximum amount for the most severe crime shall be increased by one half thereof, but shall not exceed the total of the maximum term or maximum amount of the punishments specified for each crime, although minor fine and minor fine, or confiscation and confiscation may be imposed concurrently; 3. In the event the punishments specified for each crime are of different kind other than imprisonment with or without labor for an indefinite term, they shall be imposed concurrently. (2) In cases of the subparagraphs of paragraph (1), imprisonment with labor and imprisonment without labor shall be regarded as the same kind of punishments, and therefore imprisonment with labor shall be imposed. [This Article Wholly Amended on Dec. 8, 2020] Article 39 (Concurrent Crimes Not Adjudicated; Several Judgments and Concurrent Crimes; Execution of Punishment and Concurrent Crimes) (1) In the event there is a crime which has not been adjudicated among the concurrent crimes, a sentence shall be imposed on the said crime taking account of equity with the case where the said crime is adjudicated concurrently with a crime which has been finally adjudicated. In this case the said punishment may be mitigated or exempted. <Amended on Jul. 29, 2005> 법제처 7 국가법령정보센터