The judgment of the court below is reversed.

The punishment of the accused shall be determined by a year of imprisonment.

except that from the date of this judgment.

1. The gist of the grounds for appeal is that the court below's postponement of the sentence against the defendant is unlawful, even though the defendant was the subject of the suspended sentence, and the sentence of the court below (the suspended sentence of a penalty of five million won) is too uneased and unreasonable.

2. A person who has been sentenced to suspension of qualifications or a heavier punishment may not be sentenced to suspension of qualifications or a heavier punishment (see Article 59(1) proviso of the Criminal Act). Here, the term “criminal conviction for which suspension of qualifications or a heavier punishment is imposed” refers to a criminal history of which suspension of qualifications or a heavier punishment is sentenced, and the validity of such punishment shall be interpreted as not to be taken.

Therefore, under Article 65 of the Criminal Act, a person who was sentenced to a suspended sentence shall lose its effect after the lapse of the specified grace period without the invalidation or cancellation of the sentence.

Even if there is no legal effect of the sentence, and it does not exist any fact that has been sentenced, it shall be deemed that the sentence constitutes a person who has been sentenced under the proviso of Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2003Do3768, Dec. 26, 2003). The Defendant is a person who has been sentenced to a suspended sentence for 8 months as a result of a violation of the Punishment of Violences, etc. Act at the Seocheon Branch Branch of the Gwangju District Court on June 9, 1984, since he was sentenced to a suspended sentence for 1 year due to a violation of the Punishment of Violences, etc. Act at the Seocheon branch

However, since the court below suspended the sentence against the defendant, it is erroneous in the misapprehension of legal principles as to the person who was subject to the suspended sentence, which affected the conclusion of the judgment.

3. The judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the prosecutor's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The facts constituting an offense and the summary of evidence recognized by this court shall be as follows.