A person who has been sentenced to a suspended sentence shall be limited to a person who has been sentenced to imprisonment without prison labor or a heavier punishment during the period of the suspended sentence.

A person who has been sentenced to a suspended sentence shall be limited to a person who has been sentenced to imprisonment without prison labor or a heavier punishment during the period of the suspended sentence.

Article 5 subparagraph 2 of the Attorney-at-Law Act, the proviso of Article 66 (1) of the Criminal Act, Article 65 of the Criminal Act

May 18, 1960, 68Do720 delivered on July 2, 1968

Plaintiff

The Minister of Justice

Seoul High Court Decision 70Gu182 delivered on December 1, 1970

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The plaintiff's grounds of appeal are examined.

According to the facts established by the original judgment, the plaintiff was sentenced to a suspended sentence for one year and six months due to non-existence of the original copy of a notarial deed and this judgment became final and conclusive (as stated in Eul evidence No. 3, it can be known that the purpose of pleading by the parties is confirmed on December 5, 1969). As such, the meaning of the plaintiff's being sentenced to imprisonment without prison labor or a heavier punishment during the short sentence of Article 61 (1) of the Attorney-at-Law Act as to whether the plaintiff constitutes "the person who was sentenced to imprisonment without prison labor or a heavier punishment" under Article 5 (2) of the Attorney-at-Law Act shall not only point out the sentence, but also includes the case where the suspended sentence is sentenced (as stated in the above Article 4292-Ma563, May 18, 1960; as stated in Article 68Do720, July 2, 1968; as stated in the above Article 65 of the Attorney-at-Law Act, even if there is no change in the original sentence or the suspended period.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges by applying Article 14 of the Administrative Litigation Act, Articles 95 and 89 of the Civil Procedure Act to the burden of the costs of appeal.

Justices of the Supreme Court (Presiding Judge) Kim Young-chul Kim Young-ho (Presiding Judge)