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(영문) 대법원 2017.09.07 2017도10225

업무상횡령

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Where a number of acts falling under the name of the same crime continues to be conducted for a certain period under the single and continuous criminal intent, and the benefit and protection of the same legal interest is identical, each of these acts shall be punished by a single comprehensive crime (see Supreme Court Decision 2001Do3312, Aug. 21, 2001). For the reasons stated in its reasoning, the lower court, on the grounds the facts charged of this case was committed according to the criminal intent of the judgment that became final and conclusive, and thus, has a relation of a single comprehensive crime.

Recognizing the judgment of the first instance that found the defendant guilty, the judgment of the first instance court was reversed and sentenced to acquittal.

Examining the aforementioned legal principles and records, the lower court’s determination is justifiable.

There is no error of law by misunderstanding the legal principles on the comprehensive crime.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.