2015Do18423 A. Criminal escape

B. Violation of the Game Industry Promotion Act

A

Prosecutor

Chuncheon District Court Decision 2015No473 decided November 5, 2015 (Separation)

April 28, 2016

The judgment of the court below is reversed, and the case is remanded to the Gangnam Branch Branch Court Panel Division.

The grounds of appeal are examined.

According to the proviso of Article 62(1) of the Criminal Act, the judgment sentencing imprisonment without prison labor or heavier punishment becomes final and conclusive.

Punishment for a crime committed during the period of three years after the completion or exemption of such execution shall be imposed.

In cases of punishment, execution of punishment shall not be suspended.

According to the reasoning of the lower judgment and the evidence duly admitted, the Defendant, on December 14, 201, was Chuncheon District.

The court has been sentenced to one year of imprisonment without prison labor due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and on June 16, 2012

Upon completion of the enforcement of the Act, the Act on the Promotion of Criminal Domination and Game Industry, which the court below found guilty.

The facts charged of the violation of this case committed by the defendant within three years from the completion date of the above execution

information may be known.

If the court below rendered a sentence on the facts charged of this case which the court below found guilty,

Although the execution of a sentence cannot be suspended, the court below rendered a sentence of imprisonment with prison labor as to the sentence.

Since the execution has been postponed, the court below erred by misapprehending the legal principles on the requirements for suspended execution.

There is an error.

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion.

It is so decided as per Disposition by the assent of all participating Justices on the bench.

Presiding Judge Jeon-young

Justices Lee In-bok, Counsel for the appeal

Justices Kim Yong-deok

Justices Lee Dong-won