[외국환관리법위반][집18(2)형,033]
Punishments that may be suspended shall include the principal punishment and the imposed punishment, except in a case where the punishment is concurrently imposed.
Punishments that may be suspended shall include the principal punishment and the imposed punishment, except in a case where the punishment is concurrently imposed.
Article 59 of the Criminal Act
Supreme Court Decision 4293 Form 121 Delivered on September 21, 1960
Defendant
Seoul Criminal District Court Decision 69No482 delivered on February 24, 1970, the Seoul Criminal District Court Decision 69No482 delivered on February 24, 1970
The original judgment is reversed, and the case is remanded to the Panel Division of the Seoul Criminal Court.
With respect to the first ground for appeal by the defense counsel
In the original judgment, while imposing a suspended sentence on the principal penalty, the additional penalty, which is an additional penalty, may be suspended under Article 59 (1) of the Criminal Act, shall be interpreted to mean the whole of the punishment, including the principal penalty and the additional punishment, unless concurrent punishment provided for in Article 59 (2) of the Criminal Act is imposed (see Supreme Court Decision 4293 Form 121, Sept. 21, 1960). In the original judgment, there is an error of law by misunderstanding the law on the suspended sentence (see Supreme Court Decision 4293 Form 121, Sept. 21, 1960). Therefore, the original judgment shall not be reversed without examining the appeal on this issue and requiring a judgment
Therefore, according to Article 397 of the Criminal Procedure Act, it is decided as per Disposition by the assent of all participating judges.
The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet