Where a final judgment on some of the facts constituting an inclusive one crime has been rendered, the impact on the remaining facts constituting an offense (=the judgment of acquittal)

In a case where a public prosecution is instituted as a result of the discovery of the same means and methods that a defendant who has received a final and conclusive judgment of conviction for a certain period of time due to repeated crimes of the same kind in relation to the final and conclusive criminal facts, if it is recognized that the facts charged constitute a crime of the same kind in relation to the criminal facts in the final and conclusive judgment, the public prosecution is in relation to a crime of the same kind as the final and conclusive criminal facts, and thus, it shall be acquitted in violation of res judicata.

Article 326 subparagraph 1 of the Criminal Procedure Act

Supreme Court Decision 68Do1423 Decided November 26, 1968, 73Do1366 Decided August 31, 1973, Supreme Court Decision 79Do82 Decided September 27, 1979, Supreme Court Decision 80Do893 Decided May 27, 1980, Supreme Court Decision 82Do2500 Decided December 28, 1982, Supreme Court Decision 83Do412 Decided April 12, 1983, Supreme Court Decision 82Do2829, 82Ga612 Decided April 26, 1983

Defendant

Prosecutor

Gwangju District Court Decision 83No1565 delivered on April 6, 1984

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

In a case where a public prosecution was instituted due to the discovery of the same means and methods that a defendant who has been convicted of a multiple same kind of crime within a certain period of time with the final and conclusive criminal facts, was not punished prior to the final and conclusive judgment, and other crimes of the same kind of crime were committed, if the facts charged are recognized as being the cause of the same crime in relation to the criminal facts at the final and conclusive judgment, the facts charged as a crime of public prosecution are in a relationship with one crime inclusive of the final and conclusive criminal facts (see Supreme Court Decision 77Do3564 delivered on February 14, 1978). In the opinion of the court below, the court below held that the crime of fraud of this case committed prior to the final and conclusive judgment in relation to the final and conclusive judgment of the defendant was committed in the same manner as the motive and method of the crime, and repeated crimes of the same kind of crime within a limited period of time, and therefore, the facts charged of this case are considered to have been committed in conflict with the res judicata of the final and conclusive judgment, and therefore, it is not consistent with the theory of punishment.

Therefore, the appeal is dismissed, and it is so decided as per Disposition by the assent of all participating judges.

Justices Kang Young-young (Presiding Justice)