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

The grounds of appeal are examined.

1. Article 2(3) of the Punishment of Violences, etc. Act (hereinafter “Act on Punishment of Violences”) provides that “When a person who has been sentenced to imprisonment not less than twice for a violation of this Act (including any corresponding provision of the Criminal Act and any corresponding provision of the same Act, any habitual offender, any special crime, any habitual offender, any habitual offender, any non-criminal offender of each corresponding provision, any non-criminal of any special crime, and any non-criminal of any habitual special crime) is punished as a repeated offender for again committing an offense provided for in any subparagraph of paragraph (2), the person shall be punished as follows:

“......”

In such a case, where a punishment becomes invalidated by the law on the invalidation of punishment, etc., the legal effect of the sentence upon the sentence becomes extinct in the future. Thus, after the sentence becomes invalidated, the crime cannot be deemed to be “the case of imprisonment with prison labor” under Article 2(3) of the Punishment of Violences Act.

On the other hand, Article 65 of the Criminal Code provides that when the grace period has elapsed without the invalidation or cancellation of the sentence after the suspension of execution was sentenced, the sentence shall lose its validity.

“......”

Here, the meaning of “the sentence loses its effect” is that, as seen earlier, the legal effect by the sentence becomes extinct in the future (see Supreme Court Decision 2010Do8021, Sept. 9, 2010, etc.). Therefore, even in cases where the sentence becomes invalid pursuant to Article 65 of the Criminal Act, the previous conviction cannot be deemed as “the case of receiving imprisonment” under Article 2(3) of the Punishment of Violences Act.

In addition, even though there was a separate sentence of probation before the expiration of the term of validity of a certain term of imprisonment, the term of probation has expired without the invalidation or cancellation of the term of probation, and even imprisonment that was sentenced before the term of validity of the sentence has expired, the term of imprisonment also constitutes “a case where a person was sentenced to imprisonment” under Article 2(3) of the Punishment of Violences Act due to the invalidation of the term of imprisonment.