The legality of a judgment of suspended sentence without setting a sentence, etc.

In the event that a sentence is suspended, the sentence of a fine shall be indicated in the reasons for the judgment, so the sentence of a fine shall be suspended in the disposition, and the reasons for the suspension of the sentence of a fine, the amount of a fine to be sentenced, the amount of a detention in the workhouse and the period of a judgment not specified, are erroneous in the procedure for the judgment

Article 59 of the Criminal Act

Supreme Court Decision 74Do618 delivered on April 8, 1975 (Supreme Court Decision 10952 delivered on September 24, 1968) Decision 68Do983 delivered on September 24, 1968

Defendant

Prosecutor

Yeongdeungpo-gu Seoul Central Criminal Court (72 high-level 195) in the first instance trial.

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months and by a fine not exceeding nine thousand won.

When the defendant does not pay the above fine, the defendant shall be confined in the old house for a period of 30,000 won converted into three days.

The forty days of detention prior to the declaration of the original judgment shall be included in the above imprisonment.

However, the execution of the above imprisonment shall be suspended for a period of four years after the judgment became final and conclusive.

Seized evidence as provided for in subparagraphs 1 through 23 shall be confiscated from the defendant.

The gist of the grounds for appeal by the prosecutor against the defendant is as follows: First, even though the fine is imposed concurrently on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the court below rendered a judgment of the suspended sentence, which affected the judgment, and second, the judgment of the court below is unfair because the amount of the sentence imposed by the court below against the defendant is too unreasonable.

Therefore, it is clear that "in the event of concurrent imposition of punishment, the sentence may be suspended in whole or in part" under Article 59 (2) of the Criminal Code. Therefore, the judgment of the court below is just and it is clear that the prosecutor's appeal cannot be accepted.

However, the decision of the court below is just because it has suspended the sentence of a fine without fail, and the amount of a fine to be sentenced and the amount of a fine to be sentenced for the reason that the decision of the court below does not specify the period and the amount of a fine to be sentenced and the amount of a fine to be sentenced for the work site and the amount of a fine to be sentenced for the work site exchange. Therefore, the decision of the court below is unfair, so

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the members are again decided.

Criminal facts and summary of evidence

The summary of the criminal facts of the defendant recognized as a party member and the summary of the evidence is as shown in each corresponding case of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Article 6(2)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 182(2)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 180(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 80(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 80(2)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes applies to concurrent crimes under the former part of Article 37 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 38(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 6(3) of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 55(1)3 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 6(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 70, 600,000 won or more of the above Act on the day when the above defendant does not pay a fine.

It is so decided as per Disposition.

Judges Cho Young-dong (Presiding Judge)