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(영문) 서울남부지방법원 2016.04.20 2016고정138
절도
Text

Acquittal of the accused shall be acquitted.

Reasons

1. On July 19, 2015, the Defendant: (a) around 14:30 on July 19, 2015, at the first floor D store located in Gangseo-gu Seoul Metropolitan Government, the victim E was stolen with one IPD Air2 Belgium case equivalent to the market price of KRW 199,000 managed by the victim E.

2. According to the reasoning of acquittal records, the defendant was sentenced to imprisonment with prison labor for habitual larceny at the Seoul Western District Court on March 9, 2016 and the judgment became final and conclusive on March 10, 2016.

The facts charged in the instant case, which were committed prior to the pronouncement of the above final judgment and the judgment, are considered to have been committed by the Defendant’s establishment of the theft habit, in light of the method and method of the crime, duration of the crime, and the criminal records of the Defendant’s previous conviction. Thus, the facts charged of habitual larceny and the facts charged of the larceny prior to the pronouncement of the judgment are in a single comprehensive crime of habitual larceny, which is a crime under the substantive law, and the effect of the said final judgment extends to the facts charged of the larceny of this case, which is a single comprehensive crime.

Therefore, the facts charged in this case constitute a final and conclusive judgment, and a judgment of acquittal of the above facts charged is rendered pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.

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