1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 8, 2008, the Plaintiff was sentenced to a suspended sentence of three-year imprisonment with prison labor for larceny, etc. at the Seoul Central District Court. The above judgment became final and conclusive around that time.

B. On November 1, 2010, the Plaintiff was sentenced to six months of imprisonment for a crime of intrusion upon residence at the Seoul Southern District Court (Seoul Southern District Court), which became final and conclusive on January 7, 201, and was released from the Southern Detention House on April 2, 2011.

C. From November 23, 2011 to November 23, 2011, the suspension of execution becomes invalidated.

The sentence of imprisonment with prison labor due to larceny, etc. was executed again, and the plaintiff was released from prison on October 19, 2012.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Assertion and determination

A. The execution of imprisonment with prison labor due to larceny of the plaintiff's assertion was executed after the expiration of the suspended sentence, and since the suspended sentence became effective due to the final judgment of imprisonment with prison labor due to the crime of intrusion upon residence, the principal sentence of the invalidated suspended sentence should have been executed after the suspended sentence was executed.

In addition, no notice was given by the competent agency prior to the execution of the invalidated sentence.

In the above unlawful execution of punishment, the Plaintiff suffered enormous property and mental damage due to the loss of his/her workplace acquired after release from the military court on April 2, 2011. Thus, the Defendant is obligated to pay 85,840,000 won to the Plaintiff as compensation for the tort committed by the public prosecutor.

B. 1) When a person who was sentenced to suspended sentence is sentenced to imprisonment without prison labor or heavier punishment for an intentional crime committed during the period of suspended sentence and the sentence becomes final and conclusive, the sentence of suspended sentence becomes void as a matter of course (Article 63 of the Criminal Act shall be executed, but in this case, the principal sentence of suspended sentence shall be executed within the period of the initial suspended sentence.