Whether it may be sentenced again during the period of probation.

On a person for whom a suspended sentence has not elapsed, as declared by a court, may not be sentenced to a suspended sentence again, unless there exist special cases where, in the same procedure, it is deemed that if the person committed a concurrent crime under Article 37 of the Criminal Act, and at the same time, he/she would have been sentenced to a suspended sentence at the same time.

Articles 37, 39, and 62(1) of the Criminal Act

Supreme Court en banc Decision 87Do2365 Decided September 12, 1989 (Gong1989,1322) 88Do824 Decided October 10, 1989 (Gong1989,1708)

Defendant

Defendant

Attorney Kim Young-chul

Busan District Court Decision 90No3283 delivered on January 23, 1991

The appeal is dismissed.

Judgment after final appeal. 24 days out of detention days before pronouncement shall be included in the penalty of the original judgment.

As to the Grounds of Appeal

Unless special circumstances exist where a person, for whom a suspended sentence has not been imposed, committed a crime under Article 37 of the Criminal Act, and the said person would have been sentenced to a suspended sentence at the same time in the same procedure, for which the said person committed a concurrent crime under Article 37 of the Criminal Act, and the said person could not be sentenced to a suspended sentence again (see, e.g., Supreme Court Decision 87Do2365, Sept. 12, 1989; Supreme Court Decision 88Do824, Oct. 10, 1989).

Therefore, there is no reason to criticize this.

Therefore, the appeal is dismissed, and part of the number of days pending trial shall be included in the original sentence of the original judgment. It is so decided as per Disposition by the assent of all participating Justices

Justices Yoon Young-young (Presiding Justice)