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

The grounds of appeal are examined.

The proviso of Article 62(1) of the Criminal Act provides that "no sentence may be imposed in cases where a sentence is imposed on a crime committed during a period of three years after the judgment sentencing imprisonment without prison labor or heavier punishment was finalized or exempted." Here, "when a judgment sentencing imprisonment without prison labor or heavier punishment becomes final and conclusive" includes not only a sentence but also a case where a judgment sentencing suspended execution becomes final and conclusive, and therefore, where a suspended sentence is issued and still remains without the invalidation of the sentence due to the lack of the suspended sentence period, a suspended sentence cannot be again imposed on a crime committed during the suspended sentence.

(2) On December 20, 201, the court below sentenced the defendant who committed the instant crime on December 28, 201, which became final and conclusive on December 20, 201 at the Jeonju District Court on December 20, 201, and sentenced him to a suspended sentence without the lapse of the grace period. Thus, the court below erred by misapprehending the legal principles as to the requirements for a suspended sentence under Article 62(1) of the Criminal Act.

The prosecutor's ground of appeal pointing this out is with merit.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.