1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for modification or addition as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. 고치거나 더하는 부분 제1심 판결서 제5쪽 제20행의 “(두문자)”를 “(頭文子)”로 고친다.

The following details shall be added to the third column of the judgment of the first instance.

Article 62(1) of the Criminal Act only provides for death penalty, imprisonment, and imprisonment without prison labor (Article 41 of the Criminal Act), and a suspended sentence is a system of suspending the execution of a sentence where a sentence of imprisonment with or without prison labor for not more than three years or a fine not exceeding five million won is imposed (Article 62(1) of the Criminal Act). Therefore, even if a suspended sentence for the Plaintiff was imposed for two years, insofar as the principal sentence for which the Plaintiff was sentenced was sentenced for a suspended sentence for the two years, it cannot be deemed that the Plaintiff reported that he/she was sentenced to imprisonment with prison labor is deemed a prisoner of war.”

3. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.