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(영문) 대법원 2016.01.28 2015도18240
절도
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Where a number of acts falling under the name of the same crime continues to be conducted for a certain period under the single and continuous criminal intent and the benefit and protection of the law from the same crime is identical, each of these acts shall be punished by a single comprehensive crime (see, e.g., Supreme Court Decisions 2001Do312, Aug. 21, 2001; 2014Do235, Apr. 10, 201). The lower court, on the grounds as stated in its reasoning, has the relation of a single comprehensive crime, since the facts charged in the instant case was committed in accordance with the criminal intent of the summary order, which has been finalized, which is a single and continuous criminal intent.

Recognizing this, the first decision of acquittal was maintained, and the prosecutor's appeal disputing it was dismissed.

In light of the above legal principles and records, the judgment of the court below is just, and there is no error in the misapprehension of legal principles as to the number of crimes and res judicata 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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