With respect to the judgment of the court of first instance, where only the defendant appealeds the suspension of sentence, the appellate court is sentenced to a fine and the principle of prohibition of disadvantageous alteration.

In a case where only the defendant appealed against the judgment of suspension of sentence (six months of imprisonment), if the appellate court has sentenced the fine (10.00 won of fine) against the judgment of suspension of sentence, it is contrary to the principle of prohibition of disadvantageous alteration.

Article 368 of the Criminal Procedure Act, Article 59 of the Criminal Act

Defendant

Daegu District Court Decision 65No251 delivered on December 10, 1965, Daegu District Court Decision 65No251 delivered on December 10, 1965

The original judgment is reversed, and the case is remanded to the Daegu District Court Panel Division.

The defendant's grounds of appeal are examined.

According to the reasoning of the judgment of the court of first instance, the court of first instance recognized the facts constituting a crime as at the time of the judgment of the court of first instance after it reversed the judgment of the court of first instance because the sentencing of the defendant is too unreasonable, and judged that the defendant does not pay a fine, the above fine of 100 won shall be confined in the workhouse for a period of one day converted from the number of days of detention before the judgment of the court of first instance, and that the above fine of 20 days shall be inserted from the number of days of detention before the judgment of the court of first instance. According to the reasons of the judgment of the court of first instance, the court of first instance recognized the defendant guilty of the facts charged against the defendant, and shall be included in the above sentence for 20 days from the date of punishment by applying the prescribed provisions of the court of first instance. However, according to Article 51 of the Criminal Act, the court of first instance shall be sentenced to suspension of qualifications or more before the judgment of the court of first instance is sentenced to a fine of 0 years or more, and thus, the court of first instance shall not be sentenced to a penalty.

Therefore, the appeal pointing this point cannot be reversed as it is reasonable. It is so decided as per Disposition by the assent of all participating judges in order to make a new trial and determination. It is so decided as per Disposition by applying Articles 390 and 397 of the Criminal Procedure Act.

Justices of the Supreme Court (Presiding Judge) Machi Han-hak Liven Liven of Kimchi