The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Of the period of stay of execution prescribed in a judgment subject to a retrial by misunderstanding legal principles, the Defendant re-offending and the suspended sentence becomes null and void and sentenced to imprisonment. However, the lower court’s judgment, rather than the date on which the initial date of the suspended sentence became final and conclusive, did not serve as the date on which the judgment of the lower court became final and conclusive, which led to the revocation of the suspended sentence,

In addition, the judgment of the court below's initial date in the suspension of execution is contrary to the principle of prohibition of disadvantageous changes against the defendant, rather than the judgment subject to retrial.

B. The sentencing of the lower court’s unfair sentencing (two years of the suspended sentence of one year and six months) is deemed to be too uneasible and unfair.

2. Determination

A. As to the assertion of misunderstanding of the legal doctrine, the relevant criminal litigation law can file a petition for re-adjudication on the grounds of the final and conclusive judgment of conviction and the final and conclusive judgment of final appeal or the final and conclusive judgment of final dismissal.

Article 420 and Article 421(1) of the Act only allows the so-called "the benefit of the defendant, which is a benefit to the defendant (Article 420 and Article 421(1)), and Article 439 of the Act, which reflects the principle of review of such benefit, shall not be sentenced to a penalty heavier than

“The principle that no sentence heavier than the original judgment is to be imposed,” which does not merely mean the principle that no sentence heavier than the original judgment is to be imposed, but it is the purport that a retrial should be granted to realize substantive justice within the extent that it does not undermine the legal stability of the defendant.

However, a new trial procedure is not a subsequent procedure of the previous litigation procedure examining the propriety of the original judgment, but a completely new litigation procedure to judge the case itself from the beginning and the original judgment becomes final and conclusive, the original judgment shall lose its effect naturally

This is to realize the specific definition when there is a serious defect in the final judgment.