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Main Issues
The meaning of " sentenced to imprisonment without prison labor or heavier punishment" under Article 63 of the Criminal Code
Summary of Judgment
Article 63 of the Criminal Code, which is a provision concerning the invalidation of suspended sentence, includes the case where the execution of a sentence is suspended in the event that the sentence is not referred to only the sentence but also to the case where the sentence is sentenced.
[Reference Provisions]
Article 63 of the Criminal Act
Reference Cases
Supreme Court Decision 68Do720 Decided July 2, 1968
Re-appellant
Re-appellant
Defense Counsel
Attorney Seo-sik,
The order of the court below
Seoul Criminal Court Order 78Ro15 Dated July 13, 1979
Text
The reappeal is dismissed.
Reasons
Re-appellant's re-appeal ground is examined.
According to the reasoning of the decision of the court below, in the case of the former case of this case, i.e., the decision of December 23, 1974 and the decision of suspension of execution for two years in August 31 of the same year, i.e. the latter case during the period of suspension of execution, i., the latter case during the period of suspension of execution, and the decision of suspension of execution for two years in October 16 of the same month became final and conclusive, under Article 63 of the Criminal Act, the decision of suspension of execution of the above former case becomes null and void (in case of whether the decision of suspension of execution was cancelled in the latter case or where the prosecutor instructs the execution of the sentence on the premise of cancellation of the sentence, see Article 67 of the Criminal Act). Accordingly, the first instance court's decision of dismissal of the above sentence as to the appeal of this case is justifiable and it is reasonable to interpret the above provision of Article 87 of the Criminal Act as the term "this case's decision of suspension of execution of sentence as to the above imprisonment without prison labor or more than six years."
Therefore, the reappeal of this case is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Presiding Justice (Presiding Justice)