Whether or not a person who is under probation may be sentenced to a new suspended sentence.

Where there is a judgment sentenced to suspended sentence, the criminal facts recognized in that judgment are more likely to have occurred than the criminal facts to be sentenced later or may not be sentenced again during that suspended sentence without being found to have occurred later or later. (See Supreme Court en banc Decision 87Do2365, Dec. 8, 09.)

Article 62 of the Criminal Act

The preceding accused

Prosecutor General;

Daejeon District

The part in which the original judgment applied Article 62 (1) of the Criminal Act in this case shall be reversed.

Reasons for an extraordinary appeal by a Prosecutor General,

In the proviso of Article 62 (1) of the Criminal Act, the term "the sentence of imprisonment without prison labor or heavier punishment" does not point out only the sentence, but also includes the case where a suspended sentence is sentenced. Thus, in the case where a suspended sentence is sentenced, it is deemed that the facts of the crime which was admitted in the judgment are earlier or later, or that the suspended sentence cannot be sentenced again during the period of the suspended sentence (see Supreme Court Decision 68Do720, Jul. 2, 1968; Supreme Court Decision 68Do720, May 22, 1968; Supreme Court Decision 6216, May 22, 1968; Supreme Court Decision 196Da4166, Oct. 3, 198; Supreme Court Decision 2006Do420, Nov. 4, 2006). However, the court below erred by misapprehending Article 62 (1) of the Criminal Procedure Act as a matter of law and its interpretation.

Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Judge) and Kim Young-nam Skim Sick-ho