Text
The judgment below is reversed, and the case is remanded to the Daegu High Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the ground of appeal on the lawfulness of the indictment
A. The purport of the law, which stipulates the date, time, place, and method of a crime in the facts charged, is to limit the scope of the trial against the court, and to facilitate the exercise of the defense right by specifying the scope of the defense against the defendant.
Therefore, the facts charged are sufficient to state the facts constituting the crime in question to the extent that it can be distinguished from other facts by integrating the above elements. Even if the date, time, place, method, etc. of the crime are not specifically indicated in the indictment, if the general description of the facts charged is unavoidable in light of the nature of the crime charged, it does not go against the purport of the law that specifies the facts charged, and it cannot be deemed unlawful since the contents of the indictment are not specified. In the case of a comprehensive crime, if the contents of the indictment are clearly stated in the whole crime, the facts constituting the crime are specified.
(1) In light of the above legal principles, the court below's determination that all facts charged of this case were specified on the ground that the part of the facts charged of this case constitutes a single comprehensive crime is clearly stated in the time and termination period of each crime, method of crime, accomplice and the victim or the other party, the number of crimes and the total amount of damages, etc., and in other expressions, it does not obstruct the court to limit the object of adjudication and exercise the defendant's right to defense. In addition, the court below's determination that all facts charged of this case were specified. In light of the above legal principles, the court below's determination that the facts charged of this case were specified.