The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended sentence) of the lower court against the Defendant is deemed to be too uneasible and unfair.

2. Before determining the prosecutor’s assertion of the judgment, the proviso of Article 62(1) of the Criminal Act provides that “A sentence shall not be imposed on a crime committed during a period of three years from the time a sentence to imprisonment without prison labor or heavier punishment was finalized or exempted.” The above “a sentence to imprisonment without prison labor or heavier punishment” includes not only the case where the sentence was sentenced but also the case where the suspended sentence was sentenced and the case where the suspended sentence was not passed. Therefore, in principle, the suspended sentence cannot be sentenced again during the period of suspended sentence.

(See Supreme Court Decision 88Do824 delivered on October 10, 1989, etc.). In addition, when a sentence is imposed on a crime committed during the period of probation, a case that meets the requirements under the proviso of Article 62(1) of the Criminal Act, which provides for the grounds for disqualification for the suspension of execution, shall be limited to the case where the suspension of execution is already invalidated or cancelled, and where the sentence remains without the lapse of the period of suspension of execution, and where the period of suspension expires without the invalidation or cancellation of the sentence, it is difficult to regard the case where the sentence already loses its validity, and it is difficult to consider the concept of the completion of the execution or the exemption of execution as it does not meet the requirements under the above proviso. Thus, even if the crime during the period of suspension of execution is committed, if the period of suspension expires without the cancellation of the period of suspension of execution, it is possible to again sentence the suspension of execution.

(See Supreme Court Decision 2006Do6196, Feb. 8, 2007). As to the instant case, health class, criminal records, and criminal records.