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(영문) 대법원 2013.09.27 2013도5370
여객자동차운수사업법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Where several acts or acts falling under the name of the same crime continue to be performed for a certain period under a single and continuous criminal intent and the legal benefits of such damage are the same, each act shall be punished by a single comprehensive crime in total.

(See Supreme Court Decisions 97Do1126 delivered on May 29, 198, 2005Do4051 delivered on September 30, 2005, etc.). Based on its stated reasoning, the lower court maintained the first instance court’s conclusion that rendered a judgment of acquittal pursuant to Article 326 subparag. 1 of the Criminal Procedure Act, on the ground that the criminal facts for which a summary order became final and the facts charged in this case committed before the issuance of such summary order are a blanket crime in light of the method, method, object, date, period, etc. of the crime and the facts charged in this case committed against the Defendant.

The judgment below

Examining the reasoning in light of the aforementioned legal principles and records, although some inappropriate parts are found in the reasoning of the judgment, the conclusion of the judgment below is acceptable, and there was no error by misapprehending the legal principles on the number of crimes.

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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