(a) Whether the crime of injury, attack, and robbery are identical or similar to that of an injury by robbery (affirmative);

B. Whether a “actual sentence” under Article 6(1) of the Social Protection Act is applicable where a suspended sentence is invalidated and the execution of the sentence is terminated (affirmative)

(a) The crime of injury, robbery, the crime of injury by robbery, and the crime of violation of the Punishment of Violences, etc. Act are the same or similar crimes as provided in Article 6(2) of the Social Protection Act;

(b) If a person who was sentenced to a suspended sentence is sentenced to imprisonment without prison labor or heavier punishment during the period of the suspended sentence and the judgment becomes final and conclusive, and the suspended sentence becomes invalidated and the sentence is terminated, it shall be applicable to the “actual sentence” under Article 6(1) of the Social Protection Act

Article 6 of Social Protection Act

Defendant

Defendant and Appellant for Custody

Attorney Kim Young-hoon

Gwangju High Court Decision 83No432,83No72 delivered on November 18, 1983

The appeal is dismissed.

The period of detention pending trial after the appeal shall be included in the principal sentence for forty days.

The grounds of appeal by the defendant and the public defender are examined together.

1. In light of the record, it is not recognized that the defendant was in a state of mental or physical disability at the time of committing the crime due to drinking by drinking, and therefore, the argument on this point is groundless.

2. On May 13, 1975, the defendant was sentenced to a suspended sentence of ten months for a violation of the Punishment of Violences, etc. Act (injury) in the Jeonju District Court's Gunsan Branch, which was sentenced to a suspended sentence of ten months for the above suspended sentence of ten months, and the above suspended sentence becomes null and void, and the above suspended sentence of ten months is terminated, and the above suspended sentence is terminated, and the above suspended sentence of five years has been sentenced for a violation of the Punishment of Violences, etc. Act in Gwangju High Court's 1 June 1, 1978 and the execution of the sentence has been terminated for five years, and the above two acts of injury and robbery fall under the same or similar crimes as provided in Article 6 (2) of the Social Protection Act, and the above three crimes and the violation of the Punishment of Violences, etc. Act (injury) are also the same or similar crimes as those in the above three crimes and the violation of Article 6 (1) of the Act on the Punishment of Violences, etc. in society, and thus, the above suspended sentence of ten years and the above provision of Article 1 of the Act becomes null and void.

Therefore, the appeal is dismissed, and part of the number of days pending trial after the appeal is included in the principal sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-ju (Presiding Justice)