The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant committed the instant crime during the period of probation, and the decision to revoke the above suspended sentence becomes final and conclusive on the grounds of violation of the current duty to observe and observe the probation, the lower court, even though the Defendant cannot be sentenced to suspended sentence, thereby misunderstanding the above legal principles and sentenced the Defendant to suspended

B. The sentence sentenced by the court below to the defendant (six months of imprisonment, two years of suspended sentence) is too unfluent and unfair.

2. Judgment on the misapprehension of legal principles

A. When a sentence is imposed on a crime committed during the period of the suspension of the relevant legal doctrine, a case meeting the requirements under the proviso of Article 62(1) of the Criminal Act, which provides for the grounds for disqualification of the suspension of the execution, is limited to the case where the suspension of the execution has already been invalidated or revoked, and where the sentence remains remaining without the invalidation of the sentence as at the time the sentence was rendered, and where the suspension of the execution has passed without the invalidation or revocation thereof, it does not meet the requirements under the above proviso.

As such, even if a crime was committed during the period of probation, if the period of probation expires without invalidation or cancellation, a sentence of probation may be again rendered (see Supreme Court Decision 2007Do768, Jul. 27, 2007, etc.). (b) According to the records of the instant case, the Defendant was sentenced to one year of probation on March 11, 2015, and the said judgment became final and conclusive on July 19, 2015, and committed each of the instant crimes around July 2015 during the period of probation, and the Defendant committed each of the instant crimes around July 2015, which was interest before the period of probation expires, on November 21, 2015, prior to the judgment of the first instance court of the instant case, prior to the expiration of the period of probation.

Examining these circumstances in light of the above legal principles, suspension of execution.