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The judgment of the court below is reversed, and the case is remanded to the Ulsan District Court Panel Division.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the grounds of appeal on larceny among the facts charged in the instant case, in a case where a conviction has become final and conclusive on part of several of the facts constituting a comprehensive crime as a habitual offender, if a new public prosecution was instituted on the remaining crimes committed prior to the pronouncement of the judgment of facts in the final and conclusive judgment, the new public prosecution on the same case as the case in which the final and conclusive judgment was rendered, and thus, a judgment of acquittal shall be rendered.
(Article 326 subparag. 1 of the Criminal Procedure Act: Provided, That in order to apply such a legal principle, it is necessary for the relevant defendant to be prosecuted for a habitual offender and sentenced to punishment in the final judgment before and after the final judgment, and if he/she is punished for a basic crime not for a habitual offender, he/she shall be punished for a crime of non-Habitual crimes, he/she shall not be deemed to have been convicted of the crime of a comprehensive crime of a habitual offender, even if all of them are determined to have been convicted for a crime of a crime of a crime of a crime of a crime of a crime of a crime of a crime of a crime of a crime of a crime of a crime of a crime of a crime of a crime of a crime of a crime of a crime of a crime, since the final judgment before the final judgment before and after the final judgment was rendered, the judgment below maintained the judgment of a first instance court which found him/her guilty in this part of the charges of a crime of a crime of a death of a male victim only in the Nam-gu or the second floor and the second floor water register of a victim.
However, according to the records, the defendant is the defendant's violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on October 25, 2013.