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(영문) 광주지방법원 2017.06.15 2017고단1470
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Majority-related relationship] On July 17, 2015, the Defendant was sentenced to five years of imprisonment with prison labor for habitual special larceny, etc. and a fine of three hundred thousand won on July 25, 2015 at the Jeonju District Court, and completed the execution of the above imprisonment, it is problematic whether the starting point of the repeated crime will be the day of termination of the sentence according to the judgment subject to a retrial, and whether it will be the day of the final judgment. However, Article 459 of the Criminal Procedure Act provides, “The judgment shall be executed after this Act has become final and conclusive,

“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 after the completion of the sentence before the execution of the sentence imposed at the judgment becomes final and conclusive). 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 final and conclusive date of the judgment in terms of maintaining practice and consistency in the practice and consistency in the execution of the sentence at the time of the final and conclusive judgment. Thus, unlike the written indictment, it is reasonable to regard “the date of the final and conclusive judgment” as the date of the completion of the sentence as the date of the final and conclusive judgment as the date of the final and conclusive judgment.

[2] On April 6, 2017, at around 23:57, the Defendant: (a) was voluntarily accompanied to the Seoul Southern-gu Police Station W in Gwangju-gu, Gwangju-gu, by the police who was dispatched after being reported 112, as a result of mutual assault; (b) the Defendant and U expressed his intention not to punish the other party; and (c) the Defendant and U returned to the Republic of Korea.

On April 7, 2017, the Defendant found the said district unit on the grounds that the police officer returned home around 00:18 on April 7, 2017, and “I am, ice X, etc., I am why I am. A taxi driver sent.

Is the right to be represented has been designated.

Dualia such as popia.

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