Acquittal of the accused shall be acquitted.

1. On December 18, 2012, the Defendant, at around 23:35, stolen KRW 150,000 in cash within the wall of the bank set up on the floor between the 3rd floor CPC and the 53th floor of Suwon-si, Suwon-si, Suwon-si, the Defendant: (a) deducted the 150,000 won in cash from the wall of the bank set up by the victim D; and (b) stolen it.

2. Determination

A. In a case where a judgment of conviction has become final and conclusive on a part of several of the facts constituting an all-inclusive crime as a habitual offender, if a new public prosecution was instituted on the remaining crimes committed before a judgment of facts in the final judgment was rendered, that new public prosecution was instituted on the same case as the case on which a final and conclusive judgment was rendered, and thus, a judgment of acquittal should be rendered.

(See Supreme Court Decision 2001Do3206 delivered on September 16, 2004, see Supreme Court Decision 2001Do3206 delivered on September 206).

On July 18, 2013, the Defendant appealed from the Busan District Court for one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., but the same year.

9. 11. Withdrawal of an appeal and the decision became final on the same day, and the facts charged in this case, which were low prior to the day the above final judgment was rendered, constitute a comprehensive crime of larceny, since all of the facts charged in this case, as habituality, was stolen.

Therefore, the facts charged in this case constitute a final judgment, and thus, the defendant is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.