[특수절도등][집9형,057]
(a) Where the same criminal act has been repeatedly committed on several occasions for a several-month basis, examples recognized as concurrent crimes without deliberation and determination as having been prosecuted for a single crime;
(b) The example that accepts the evidence of a verdict of innocence in the court of first instance as evidence of guilt in the court of original instance;
A. If the same criminal act has been repeated over several months, the question must be examined and judged as to whether it constitutes a single comprehensive crime or whether it constitutes several crimes.
(b) Where a prosecutor adds other criminal facts and applicable provisions of Acts in preparatory cases while maintaining the original prosecution, he/she shall first examine and determine the criminal facts stated in the original prosecuted;
Article 254(5) of the Criminal Procedure Act, Article 369 of the Criminal Procedure Act
Defendant 1 and three others
Seoul High Court, Seoul High Court, Seoul High Court, etc.
According to the original judgment, Defendant 1 conspired with Defendant 1 in the first instance court's judgment on the same facts as that of Defendant 1, 2, and the first instance court's judgment, and thus, the court below found Defendant 2 not guilty on the same facts as that of Defendant 1's non-indicted 1's non-indicted 2's non-indicted 1's non-indicted 2's non-indicted 3's non-indicted 3's non-indicted 3's non-indicted 4's non-indicted 2's non-indicted 4's non-indicted 5's non-indicted 4's non-indicted 4's non-indicted 2's non-indicted 3's non-indicted 4's non-indicted 1's non-indicted 3's non-indicted 1's non-indicted 3's non-indicted 1's non-indicted 3's non-indicted 1's non-indicted 5's non-indicted 1's non-indicted 2's non-indicted 1's non-indicted 1's non-2's non-indicted
Justices Kim Young-chul (Presiding Justice)