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The judgment below is reversed, and the case is remanded to the Daegu High Court.
Reasons
Judgment ex officio is made.
1. When a ruling of commencing a new trial becomes final and conclusive as to the final and conclusive judgment of conviction, the court declares a new trial after making a new trial on the relevant case, and when the said judgment becomes final and conclusive, the previous final and conclusive judgment shall naturally lose its effect (see Supreme Court Order 2004Mo453, Sept. 28, 2005, etc.). 2. Records, etc. reveals the following facts.
A. On January 9, 2014, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment Act”), and the judgment became final and conclusive on August 21, 2016 (hereinafter “the final and conclusive judgment”), and completed the execution of the sentence (hereinafter “the final and conclusive judgment of this case”). (b) The first instance court affirmed the judgment of the lower court, on the premise that the crime committed habitually from September 2, 2016 to October 19, 2016, under the premise that the crime committed habitually, including the final and conclusive judgment of this case, was committed within three years after the execution of the sentence under Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes was completed, and that the Defendant again committed the crime of larceny and its attempted crime (hereinafter “the crime of larceny”).
(c)
In that regard, on March 7, 2017, the Daegu High Court (2017, No. 2017, No. 2) rendered a new trial on the instant final judgment and rendered a new trial on May 2, 2017 (hereinafter “instant new trial”) and sentenced the Defendant to three years of imprisonment (hereinafter “instant new trial”) and the instant new trial became final and conclusive on May 11, 2017.
3. Examining the above facts in light of the legal principles as seen earlier, the final judgment of this case naturally becomes final and conclusive after the crime of this case was committed in the first instance judgment.