Punishment and sentence to be executed where the sentence stated in the original of the judgment is different (the sentence declared);

The judgment is effective by the declaration and is not effective by the entry of the original of the judgment, and if the sentence of both parties is different, the prosecutor must execute the sentence sentenced.

Articles 489, 42, and 43 of the Criminal Procedure Act

Defendant

Prosecutor

Daegu High Court Order 81 first five Dated February 17, 1981

The reappeal is dismissed.

The Prosecutor's grounds for reappeal are examined.

The judgment takes effect by the sentence, and the original statement of the judgment does not take effect by the statement of the judgment, and the prosecutor shall execute the sentence. According to the records of the admission, the applicant shall be sentenced to imprisonment with prison labor for a short term of one year and six years (15 days in prison) for a violation of the Punishment of Violences, etc. Act, and only the applicant appealed from the Daegu High Court, which is the appellate court, for the reason of unfair sentencing on September 25, 1980, the first instance court's decision is reversed and the applicant shall be sentenced to a short term of one year and one year and six months (the Daegu High Court, 3rd High Court, 80No749 of the records, and the above criminal litigation records 80No749 of the records, and 151 of the above criminal litigation records are sufficient to recognize the fact that the applicant is sentenced to a punishment of imprisonment with prison labor for a short term of one year and six years (the above decision of the public prosecutor shall not be dismissed by a prolonged sentence of one year and six years in its execution).

The original decision to the same purport is justifiable. The reappeal by the prosecutor is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeon Soo-hee (Presiding Justice)