Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

A. The Defendant (unfair punishment)’s imprisonment (two months of imprisonment and two years of suspended sentence) is too unreasonable.

B. The prosecutor (legal scenario) lower court erred by misapprehending the legal principles on the grounds that the Defendant is disqualified from probation and thereby sentenced the Defendant to a suspended sentence, thereby adversely affecting the conclusion of the judgment.

2. The proviso of Article 62(1) of the Criminal Act provides that a suspended sentence may not be imposed in cases where a sentence of imprisonment without prison labor or heavier punishment is imposed for a crime committed during the period of three years after the final judgment sentencing the relevant imprisonment without prison labor or heavier punishment was completed or exempted.

According to each of the following facts: return to the instant case and the Defendant’s statement at the lower court and the court of the first instance, the Defendant’s statement, inquiry of criminal records, and basic information on electronic confinement records, etc., the Defendant appealed on September 27, 201 by having been sentenced to three years to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Western District Court on the Aggravated Punishment, etc. of Specific Crimes, but the judgment became final and conclusive on January 6, 2012 after having been sentenced to the appeal period by the Seoul High Court on December 29, 201, and the Defendant committed the instant crime on October 15, 2012, for which the execution period of the said imprisonment was in force. Therefore, a suspended sentence may not be imposed in cases where a sentence is sentenced in accordance with the proviso to

Nevertheless, the judgment of the court below which sentenced the suspended sentence against the crime of this case was erroneous by misapprehending the legal principles as to the grounds for the suspended sentence and thereby adversely affecting the judgment.

Therefore, prosecutor's assertion is justified.

3. If so, the prosecutor's appeal on the grounds that the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and

Punishment of the crime

The defendant on September 27, 201.