절도
Acquittal of the accused shall be acquitted.
1. On September 28, 2013, around 02:25, the Defendant: (a) stolen KRW 67,000 inside a cell phone device with the market price of KRW 900,000 owned by the victim; and (b) 67,000 inside a wall that was contained in the victim’s bank, by taking advantage of the gaps in which the victim C is able to sleep under the influence of alcohol; and (c) around September 28, 2013.
2. According to the evidence duly adopted and examined by this court, the Defendant was sentenced to two years of imprisonment with prison labor at the Seoul Central District Court on September 18, 2014 for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the said judgment became final and conclusive on January 5, 2015, and the gist of the crime is the fact that the Defendant stolen the cell phone of the victims under the influence of alcohol at night on three occasions from April 2, 2014 to April 18, 2014.
According to the above facts, the facts charged in this case, which became final and conclusive, and committed prior to the pronouncement of the judgment, are considered both the means and methods of the crime, duration of the crime, and the criminal records of the defendant, and all of the facts charged in this case, by the realization of the theft habits. Thus, the facts charged in this case before the judgment is related to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is a single crime under the substantive law.
I would like to say.
Therefore, the effect of the above final judgment extends to the facts charged in this case, which is the relation of a single comprehensive crime, and eventually, the facts charged in this case fall under the time the final judgment is made, and thus, the acquittal of the facts charged in this case is pronounced pursuant to Article 326