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(영문) 수원지방법원 평택지원 2017.03.20 2016고합166
특수강도등
Text

Of the crimes No. 1 in the judgment of the defendant and the crimes No. 2 in the judgment of the defendant, the crime No. 1 in the annexed crimes No. 1 in the night, theft is committed.

Reasons

Punishment of the crime

On January 15, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of bodily injury in Suwon District Court, and released as a ruling of revocation of detention on May 14, 2015, and on August 31, 2015, the Defendant terminated the execution of the sentence on the same day as the ruling became final and conclusive on August 31, 2015, the Prosecutor stated the date of revocation of detention in the indictment as the date of termination of the execution

However, the execution of punishment is based on the final judgment, and it is not the execution of punishment immediately. Thus, the defendant was released from the custody with cancellation of the detention.

Even if the execution of imprisonment is completed immediately, it can not be said that the execution of imprisonment is completed.

The term of imprisonment for the defendant is calculated from August 31, 2015, when a judgment became final and conclusive, but no more punishment to be executed remains as the number of days of detention is included in the term of punishment. Therefore, it is reasonable to view that the execution of imprisonment has been completed simultaneously with the final and conclusive judgment.

1. On October 22, 2012, at around 05:00, the Defendant: (a) destroyed the second floor rooftop entrance of the victim D (the 57-year-old), and discovered the said victim’s house; (b) brought a knife knife, which is a lethal weapon, on the chest side of the victim’s chest; and (c) threatened the victim to “D with money,” thereby preventing the victim from resisting; and (d) took 60,000 won in cash owned by the victim.

2. On October 14, 2016, the Defendant who attempted to larceny at night buildings, including theft of intrusion on a structure at night and intrusion on a structure at night, was in front of the office operated by the victim F in Pyeongtaek-si at around 00:00, and was in front of the office operated by the victim F, the Defendant opened a window by using the Raber and intruded into the office, and was in front of the office and was in contact with the victim, and was in front of the said office, and was in front of the victim’s possession of the building, the amount of KRW 600,000 at the market price from December 19, 2013 to December 8, 2016, by the following methods: (a) intrusion into a residence at night on a total of 13 times in total, as described in the list of crimes in the attached list of daily charges, the entry in KRW 13,277,500,000 at market price is KRW 12,810,500.

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