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(영문) 전주지방법원 군산지원 2018.06.28 2018고합41

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On June 21, 2017, the Defendant was sentenced to six months of imprisonment for aiding and abetting gambling places in the Jeonju District Court’s Militarysan Branch, and was released from the Jeonju prison on July 24, 2017 by a ruling revoking detention, and completed the execution of the sentence on the same day after the said ruling became final and conclusive on August 26, 2017.

The defendant was detained in the above case, and the number of days of detention before the judgment became final and conclusive on July 24, 2017, which led to six months of detention, seems to have been revoked.

The prosecutor stated " July 24, 2017," which is the date on which the detention is revoked in the indictment, as the date on which the execution of the sentence is completed, but the execution of the sentence is based on the final judgment, and the detention is not immediately executed, and thus, the detention of the defendant is revoked.

Even if the cancellation date of detention is the termination date of the execution of imprisonment without prison labor.

Therefore, the Defendant’s term of imprisonment is calculated from August 26, 2017, when the judgment became final and conclusive, but no sentence to be executed remains as the number of days of detention is included in the principal sentence. As such, it should be deemed that the final and conclusive judgment and the execution of imprisonment has been completed simultaneously with the final and conclusive judgment.

[2] The Defendant continued to dispute with his wife on the ground that the wife of the Defendant’s wife did not properly look at his children, and frequently carried out his house, and instead, he received a demand for divorce from his wife, thereby bullying in his family life.

On April 8, 2018, the Defendant, at around 00:00, driven by the Defendant’s house located in the 604 Dong 506 and the Defendant’s house located in the 506-dong 506, and returned to the next City, without any special reason, after receiving a pro-friendly D phone at around 06:00 on the same day, she drank 4 sick at D on his own, while drinking her house on the same day.

At around 08:30 on the same day, the Defendant directly talked with E at the door of the above D, which does not frequently contact the Defendant, even though the Defendant helps the Defendant monetaryly,.