No suspended sentence may be pronounced during the period of suspended sentence.

No further suspended sentence shall be pronounced during the period of suspended sentence (as the en banc Decision 87Do2365 delivered on September 12, 89).

Article 62 of the Criminal Act

Supreme Court Decision 4292 Form563 delivered on May 18, 1960

Defendant

Busan District Court Decision 68No630 delivered on March 21, 1969

The appeal is dismissed.

The defendant's grounds of appeal are examined.

Since the term "under the proviso of Article 62 (1) of the Criminal Code, the sentence of imprisonment without prison labor or heavier punishment" is not referred only to the sentence, it is argued that a criminal act of a case to be tried again during the period of suspension of execution was committed before or after the crime was sentenced first, and that a suspended sentence cannot be sentenced again in that case (see Supreme Court Decision 4292Du563 delivered on May 18, 1960). As such, the argument of the theory of debate over the contents of the original judgment under the opinion of the above precedents (the opinion on the interpretation of the proviso of Article 62 (1) of the Criminal Code) is not just an independent opinion, and its conclusion is not acceptable.

Therefore, according to the unanimous opinion of all participating judges, it is decided in accordance with Articles 390 and 364 (4) of the Criminal Procedure Act.

Justices of the Supreme Court (Presiding Judge) Ma-dong and Ma-dong Ma-dong