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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal referred to in Article 59(1) of the Criminal Act refers to the criminal record itself, which has been sentenced to the suspension of qualification or heavier punishment, and since the defendant has the power to be sentenced to the suspension of execution and there is a criminal record which has been sentenced to the suspension of qualification or heavier punishment, the defendant falls under the grounds for disqualification of suspension of sentence, and thus the judgment of the court below has suspended the sentence against the defendant. Thus, the judgment of the court below
2. According to the evidence duly adopted and examined by the court below, the defendant was sentenced to a suspended sentence of 8 months on May 30, 1987 for a violation of the Assembly and Demonstration Act, and the above sentence becomes final and conclusive around that time.
7.10. Recognition of the receipt of special amnestys with respect to the above penalty
Article 59(1) of the Criminal Act provides that "in the event a sentence of imprisonment or imprisonment without prison labor for not more than one year, suspension of qualifications, or a fine is imposed, if the former conditions are remarkable, taking into account the matters specified in Article 51, the sentence may be suspended: Provided, That this shall not apply to a person who has been sentenced to suspension of qualifications or more severe punishment, except for a person who has been sentenced to suspension of qualifications or more severe punishment." In full view of the fact that the suspension of sentence mainly aims to promote voluntary improvement and rehabilitation without imposing the punishment on the first offender who is minor, and that Article 61 of the Criminal Act provides that where a judgment of suspension of qualifications or more severe punishment becomes final during the suspension of sentence or where a criminal conviction sentenced to suspension of qualifications or more severe punishment is discovered during the suspension of sentence, the term "previous conviction subject to suspension of qualifications or more severe punishment" under the proviso to Article 59(1) of the Criminal Act refers to
Supreme Court Decision 2007Do9405 Decided January 18, 2008