Whether the meaning of "the sentence of imprisonment without prison labor or heavier punishment" in the proviso of Article 62 (1) of the Criminal Act includes the case where the suspended sentence is imposed.

The meaning of the proviso of Article 62 (1) of the Criminal Act is not only a sentence of imprisonment but also a suspended sentence of imprisonment (a sentence of imprisonment without prison labor or a heavier punishment). (b) [a sentence of imprisonment with prison labor or a heavier punishment of 87Do2365, Dec. 8, 09]

Article 62 (1) of the Criminal Act

Supreme Court Decision 4292 Form563 delivered on May 18, 1960

Defendant

Red support in the first instance, Daejeon District Court Decision 68No143 delivered on May 14, 1968

The appeal is dismissed.

45 days, out of the days pending trial after appeal, shall be included in the principal sentence.

The private defense counsel's grounds of appeal are examined.

Article 62 (1) of the Criminal Code does not point out only the sentence of imprisonment without prison labor or heavier, but also the sentence of suspended sentence is included in the case where the above suspended sentence is sentenced (see, e.g., Supreme Court Decision 4292Ma563, May 18, 1960). If there is a judgment of suspended sentence, it shall be decided as per Disposition by the assent of all participating judges on the grounds that the criminal facts of the judgment were first generated than the criminal facts of the case in dispute at present, and it shall not be necessary that the suspended sentence could not be sentenced again for the case in dispute at present during the suspended sentence. Thus, the argument that the above purport of the judgment of the court below is without merit, and it is so decided as per Disposition by the assent of all participating judges on the part of Articles 390, 364 (4) and Article 57 of the Criminal Procedure Act.

Justices of the Supreme Court (Presiding Judge) Ma-dong (Presiding Judge)