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(영문) 수원지방법원 성남지원 2019.03.26 2018고정1314
절도
Text

Acquittal of the accused shall be acquitted.

Reasons

1. On June 15, 2018, around 12:26, 2018, the Defendant: (a) cut off the victim D, who had been engaged in public relations activities on sales agency on the street in front of the C Bank located in Hanam-si B, with a verification color hand room, which was put in a virtual white bag between the victims, and then cut off one USB on the market price of the victim’s possession.

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

(See Supreme Court en banc Decision 2001Do3206 Decided September 16, 2004, etc.). According to the records, the Defendant was habitually punished by imprisonment with prison labor for ten months due to a habitual larceny crime committed from August 9, 2018 to September 18, 2018, and the said judgment becomes final and conclusive on November 30, 2018.

Furthermore, in light of the aforementioned criminal facts, which became final and conclusive, and the facts charged of the larceny of this case committed prior to the pronouncement of the judgment, the crime method and method, duration of the crime, and the criminal records of the defendant, all of which are by the realization of the defendant's theft habits, and are deemed to have the relation of a single comprehensive crime of habitual

Therefore, the effect of the above final judgment extends to the facts charged in this case.

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

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