Crimes after the expiration of the remaining term of imprisonment without revocation after parole and repeated crimes;

When the defendant was sentenced to imprisonment for one year with prison labor for larceny in the Seoul Criminal District Court on April 9, 1976, and was released on December 25, 1976 without being revoked on parole on February 19, 1977, he shall be deemed to be a repeated crime if he/she committed a crime punishable by imprisonment without prison labor or heavier within three years thereafter.

Articles 76 and 35 of the Criminal Act

Defendant

Defendant and Prosecutor

Cheongju District Court of the first instance (77 Gohap33)

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The thirty days of detention days before the sentence of the original judgment shall be included in the above sentence.

The gist of the grounds for appeal by the defendant is that the determination of the sentence imposed by the court below is too unreasonable, and the summary of the grounds for appeal by the prosecutor is that the determination of the sentence imposed by the court below is rather unreasonable.

Therefore, prior to examining the reasons for appeal, the defendant, by the defendant's statement in the trial court, was sentenced to one year of imprisonment with prison labor for larceny at the Seoul District Criminal Court on December 25, 1976, and the term of the punishment expires on February 19, 1977 without cancellation after paroled on December 25, 1976. Accordingly, the judgment of the court below which did not reach this point has affected the conclusion of the judgment as a violation of law, even though the defendant should be subject to repeated offense under Article 35 of the Criminal Act, and therefore, the judgment of the court below shall not be reversed.

Therefore, the judgment of the court below is reversed in accordance with Articles 364 (2) and 364 (6) of the Criminal Procedure Act, and a member is again decided.

(Criminal Facts and Summary of Evidence)

The gist of the criminal facts of the defendant who is admitted as a party member and the summary of the evidence is that "the defendant was sentenced to imprisonment with prison labor for larceny at the Seoul District Criminal Court on April 9, 1976 and sentenced to imprisonment with prison labor for one year on parole on December 25, 1976, and adding "the person whose term of punishment has expired on February 19, 1977" to the person whose term of punishment has been terminated after parole on February 25, 197 is identical as stated in each corresponding case of the judgment below. Therefore, all of them shall be cited in accordance with Article

(Application of Acts and subordinate statutes)

The so-called "the judgment of the defendant" falls under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act. Since the defendant has a criminal record before the judgment, within the limit of the proviso of Article 42 of the Criminal Act, as provided in Article 35 of the Criminal Act, the defendant shall be punished by imprisonment for one year within the scope of a repeated crime committed within the limit of the proviso of Article 42

It is so decided as per Disposition for the above reasons.

Judges Kim Sang-won (Presiding Judge)