1. The new trial procedure is not a subsequent procedure of the previous litigation procedure examining the propriety of the original judgment, but a completely new litigation procedure to judge the case itself from the beginning, and the original judgment becomes final and conclusive, the original judgment shall lose its effect

If there is a serious defect in the final and conclusive judgment, this is derived from the nature of the review to withdraw the legal stability maintained by the final and conclusive judgment in order to realize the specific justice and to re-examine the case itself.

Therefore, the effect of the original judgment or its incidental disposition loses legal effect and the effect of the original judgment itself is natural in light of the essence of the retrial, as the judgment on retrial became final and conclusive. Therefore, even if the original judgment loses its effect and the Defendant puts any disadvantage on the part of the Defendant, it does not constitute a violation of the legal status of the Defendant to be protected in the retrial.

(See Supreme Court Decision 2015Do15782 Decided February 28, 2018 (see, e.g., Supreme Court Decision 2015Do15782, Feb. 28, 2018). Meanwhile, even though our Criminal Act does not explicitly provide for the period of suspension of execution, in light of the purport that Article 459 of the Criminal Procedure Act provides that “a judgment shall be executed after this Act became final and conclusive,” or the nature of the system of suspension of execution

On February 26, 2002, the defendant was sentenced to imprisonment for six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) during the period of the suspension of execution as provided in the judgment subject to a retrial and the judgment became final and conclusive. In this case, where the suspended execution becomes invalidated and a suspended sentence is enforced against the defendant, the lower court, on the grounds as stated in its reasoning, also sentenced the defendant to a suspended sentence.