When a single act constitutes two or more crimes, the penalty for the most serious crime shall be imposed(the Criminal Act §40). But when it comes to sentencing a defendant with multiple convictions at the same trial, the sentence on each conviction shall be merged to the most severe sentence(death, life imprisonment) or the aggravated sentence by one half of the maximum term/amount(determinate imprisonment, deprivation of qualification, suspension of qualification, fine, confiscation), or the sentences for each crime(different penalty) shall be imposed separately(the Criminal Act §37, §38). And when the defendant is adjudicated as committing multiple convictions spilt by an earlier final judgment with imprisonment at the following trial, the sentence on remaining convictions shall be imposed by considering equity with sentencing all convictions at the same trial, and the sentence may be mitigated or exempted(the Criminal Act §37, §39 ①). If amnesty or remittal is granted to any crime of multiple convictions, the sentence on remaining convictions shall be determined de novo(the Criminal Act §39 ③). In the execution of punishment for multiple convictions, the period of sentence already served shall be taken into account(the Criminal Act §39 ④). Recently the supreme court delivered a judgment that the defendant may be benefited by sentencing on multiple convictions only when she or he is adjudicated at the same trial or there is a possibility of adjudicating at the same trial. But when the defendant committed crimes before and after a judgment with imprisonment is finalized, she or he should be sentenced according to the equity and by the discretionary mitigation or exemption because the sentencing on multiple convictions and its execution is based on the principle of pro reo.

1. 사실관계
 2. 사건의 경과
 3. 판결요지
 4. 최종 결과
 [연 구]
 I. 들어가는 말
 Ⅱ. 경합범제도와 사후적 경합범
  1. 상상적 경합범과 실체적 경합범의 구별
  2. 동시적 경합범과 사후적 경합범의 구별
  3. 사후적 경합범의 성립범위와 양형
  4. 사후적 경합범의 성립범위와 형집행
 Ⅲ. 사후적 경합범의 사건처리
  1. 경합범 사건의 일괄 처리
  2. 경합범 사건의 심리 범위
  3. 형법 제39조 제1항의 형평 고려와 임의적 형감면
  4. 형법 제39조 제4항의 형기통산
  5. 경합범과 선고유예·집행유예
 Ⅳ. 대상판결의 분석
 Ⅴ. 맺음말
 [참고문헌]
 [Abstract]

• 최병각(동아대학교 법학전문대학원 교수, 법학박사, Professor, School of Law, Donga University, Ph. D. in Law.) | Choi, Byung–Gak