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Acquittal of the accused shall be acquitted.
Reasons
1. Facts charged;
1. At around 16:00 on February 27, 2013, the Defendant: (a) opened a party room entrance in the Busan Jin-gu, Busan, which was not corrected on five floors; and (b) stolen cash amounting to KRW 108,000 in the outer slot machine located in the same place as the intrusion victim D, which was off on the part of the same location.
2. At around 15:00 on March 3, 2013, the Defendant failed to commit a larceny but did not know that the entrance door of the party room was not corrected by five floors of the Cridge located in Busan Jin-gu, Busan, and the Defendant did not commit a larceny but did not commit an attempted theft, while displaying a stolen object.
2 Judgment
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 10, 2013, the Defendant appealed at the Seoul Western District Court sentenced two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. However, on October 8 of the same year, the appeal was dismissed and the judgment was finalized on October 16 of the same month. The facts charged in the above final judgment and the facts charged in the instant case committed prior to the pronouncement of the said judgment constitute a comprehensive crime of larceny, since all of the facts charged in the instant case, which were thieved prior to the pronouncement of the said final judgment, were a
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.