The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

except that, for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Since the defendant was sentenced to suspension of qualification or more severe punishment, suspension of sentence is impossible.

B. The lower court’s sentence of unreasonable sentencing is too uneasible and unfair.

2. As to the assertion of misapprehension of the legal principles, Article 59(1) of the Criminal Act provides that “When a sentence of imprisonment or imprisonment without prison labor for not more than one year, suspension of qualifications or a fine is imposed, if the circumstances in the past are obvious in consideration of the matters as prescribed in Article 51, the sentence may be suspended: Provided, That this shall not apply to a person who has been sentenced to suspension

According to the records, the Defendant was sentenced to imprisonment with prison labor for ten months for the violation of the Road Traffic Act, and two years for suspended execution, etc. at the District Court of Jung-gu on August 17, 2018, and the judgment became final and conclusive on December 27, 2018. Thus, the Defendant constitutes a disqualified person for suspended sentence.

Nevertheless, the court below suspended the sentence of a fine to the defendant. The court below erred by misapprehending the legal principles on the grounds of disqualification for suspended sentence.

3. Since the prosecutor’s appeal of conclusion is well-grounded, without examining the prosecutor’s argument of unfair sentencing, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is again rendered

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. The following circumstances revealed in the records of the reasons for sentencing of Articles 70(1) and 69(2) of the Criminal Act (where a suspended sentence of imprisonment is invalidated or revoked and the defendant does not pay a fine).