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(영문) 대법원 2016.02.18 2015도17440

특정범죄가중처벌등에관한법률위반(절도)등

Text

The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

Reasons

Judgment ex officio is made.

1. The term "any crime for which a judgment to face with imprisonment without prison labor or a heavier punishment has become final and any crime committed before such judgment has become final and conclusive" shall be deemed concurrent crimes prescribed by the latter part of Article 37 of the Criminal Act. In such cases, a punishment shall be imposed in consideration of equity in cases where a crime among concurrent crimes provided for in Article 39 (1) of the Criminal Act which has not been adjudicated and a crime for which

2. The record reveals the following facts.

A. On February 11, 2010, the Defendant was sentenced to imprisonment for two years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court, and the said judgment became final and conclusive around that time, and completed the execution of the sentence on February 21, 2012 (hereinafter “final and conclusive judgment of this case”).