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(영문) 의정부지방법원 고양지원 2019.10.25 2019고단2455
공용서류무효등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 10, 2019, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. in the Goyang Branch of the District Court of the Republic of Korea on January 10, 2019.

7. 10. The execution of the sentence was completed on the same day as the above judgment became final and conclusive.

In the instant indictment, the Prosecutor stated June 13, 2019, which is the date of release due to a ruling of revocation of detention during the period of the final judgment, as the date of completion of the execution of the sentence. However, the execution of the sentence is premised on the final judgment, and the number of days pending trial is included in the period of punishment, but is not the execution of the sentence. Thus, even if the Defendant was released by a ruling of revocation of detention, it cannot be said that the execution of imprisonment

Therefore, in the case of a defendant, the execution of imprisonment was commenced on July 10, 2019, which is the date when the above judgment became final and conclusive, but since the number of days of pre-trial detention is included in the period of punishment and no sentence remains to be executed any longer, it is reasonable to view that the execution of imprisonment was terminated

1. On August 20, 2019, the Defendant brought about 1 b0,000 won in the market price of the victim, who was in custody of the victim C, who was in custody of the victim with a tent, around 04:58, and was operated by the victim C, Goyang-gu, Busan-si. In other words, the Defendant brought about 1 b0,000 won of the victim’s market price.

In addition, the Defendant, from the above date and time to 22:20 of the same month, stolen the victim’s property at least five times in total in the same manner as indicated in the annexed crime list.

2. Damage to public documents;

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