Defendant

Attorney Park Dong-soo

Defendant

Chuncheon District Court Order 2006Hu183 dated December 6, 2006

The immediate appeal of this case is dismissed.

1. Appellant and defense counsel's assertion;

① “The date of receiving the suspended sentence” under Article 60 of the Criminal Act that provides the effect of the suspended sentence refers to the date when a judgment is not made final but to the date when the judgment of the suspended sentence was rendered. As such, the judgment of the suspended sentence in this case was rendered on August 17, 2006, when two years have passed since it was sentenced on August 17, 2004, and the judgment of the suspension of sentence became final and conclusive” under Article 61 of the Criminal Act that provides the invalidation of the suspended sentence, the term “when the judgment of the suspension of qualification or higher punishment becomes final and conclusive” means when the crime of the suspended sentence and the judgment of the suspension of qualification or higher punishment are concurrent crimes under Article 37 of the Criminal Act, and it shall be interpreted that the term “the crime of the suspended sentence” is not included when the judgment of the suspension of qualification or higher punishment becomes final and conclusive.

2. Determination

A. The judgment of the court below

The lower court: (a) on August 17, 2004, the Defendant was sentenced to a suspended sentence for one year with respect to imprisonment for a single-year term; (b) on February 16, 2005, the Prosecutor appealed on the Chuncheon District Court 2004No54 case; and (c) on February 24, 2005, the final judgment became final and conclusive; and (d) on April 19, 2005, the appellant was sentenced to a suspended sentence for 2 years with prison labor for 10 months; and (b) on October 28, 2005, the Defendant cannot be deemed to have been sentenced to a suspended sentence for the reason that the suspended sentence becomes final and conclusive on October 28, 2005 without being sentenced to a two-year suspended sentence for 2 years with prison labor for 10 months; and (b) on the grounds that the instant suspended sentence cannot be deemed to have become final and conclusive on October 26, 2005.

B. Judgment of the court below

In full view of the purport of records and legal regulations, the above judgment of the court below is just, and there is no error of law such as misapprehension of legal principles as alleged in the grounds for appeal.

3. Conclusion

Therefore, the order of the court below is legitimate, and the defendant's immediate appeal is dismissed in accordance with Article 414 (1) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Park Jin-young (Presiding Judge)