[Majority-related Defendant was sentenced to two years of imprisonment by the Gwangju District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on October 12, 2012 and completed the execution of the said sentence on June 22, 2014.

Based on the previous conviction, the prosecutor applied the crime of this case, which was committed within three years from the end of the execution of the above punishment, as a repeated crime.

However, according to the records, it is recognized that the defendant's request for retrial against the above final judgment has commenced, and that a two-year sentence of imprisonment with prison labor for habitual special larceny, which is the name of the crime, changed due to the revision of indictment on May 25, 2016, has been pronounced. The fact that the above new judgment became final and conclusive on June 2, 2016, is significant in this court.

In such cases, the issue is whether the starting point of counting repeated crimes will be June 22, 2014, which is the date of the completion of the execution according to the judgment subject to a retrial, and June 2, 2016, which is the date of the final judgment on new trial, is whether it will be the date of the final judgment on new trial, but Article 459 of the Criminal Procedure Act shall be executed after the judgment became final and conclusive

"The completion of the sentence" as stated in the requirements for repeated crimes is the premise that the sentence is to be sentenced first (i.e., the period of repeated crime should be calculated as a result of the completion of the sentence before the sentence imposed in the judgment of retrial becomes final and conclusive). Even in cases where the execution of the sentence is de facto terminated before the final and conclusive judgment becomes final and conclusive due to detention, it is reasonable to calculate the starting point of the repeated crime as of the date of the final and conclusive judgment in order to maintain consistency with the above execution of the sentence ( majority of the Suwon District Court Decision 2015No3973 decided Nov. 11, 2015, etc.).

Therefore, the crime of this case is not a crime during the period of repeated crime.

On November 25, 2015, the Defendant was sentenced to imprisonment with prison labor for aiding and abetting fraud at the Incheon District Court on November 25, 2015 and on December 3, 2015.