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(영문) 대법원 2018.12.28 2018도10095
사기
Text

The appeal is dismissed.

Reasons

The grounds for appeal are examined.

For the reasons indicated in its reasoning, the lower court reversed the first instance judgment convicting the instant facts charged on the ground that the instant facts charged constitute a final judgment and sentenced to acquittal on the grounds that the said summary order’s effect is too excessive to the facts charged in the instant case, which constitutes a single and continuous criminal offense, and thus constitutes a final judgment.

In light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on res judicata of a single comprehensive crime, as alleged in the grounds of appeal.

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

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