A final judgment on some of the facts constituting an inclusive crime affects the remainder of the facts constituting the crime.

In a case where a public prosecution is instituted because a defendant who has been convicted of the same kind of crime in a certain period of time repeatedly commits another crime of the same kind in the same means that the defendant was not punished before the final judgment was discovered, if the facts charged are recognized as being the cause of the same crime in relation to the crime in the final judgment, the facts charged are in a relation with the crime in question, which is one of the crimes in question, and thus, it shall be acquitted in violation of res judicata of the final

Subparagraph 1 of Article 326 of the Criminal Procedure Act

Supreme Court Decision 7Do3564 Decided February 14, 1978 82Do2829, 829Do612 Decided April 26, 1983, Supreme Court Decision 84Do20 Decided March 13, 1984

Defendant

Defendant

Attorney Cho Jong-sung

Seoul Criminal Court Decision 88No2272 delivered on July 28, 1988

The appeal is dismissed.

The number of detention days after an appeal shall be included in the calculation of the original sentence.

The defendant and defense counsel's grounds of appeal are also examined.

1. In a case where a public prosecution is instituted as a result of the occurrence of another crime in the same way that was committed by a defendant who had repeatedly committed several same kind of crime within a certain period of time, which was punished before the final and conclusive judgment, if the facts charged are recognized to have become the cause of the same crime in relation to the facts charged at the final and conclusive judgment, the facts charged as a crime constitutes a crime which constitutes a single crime which constitutes a crime which constitutes a final and conclusive judgment, and thus, should be acquitted in violation of res judicata of the above final and conclusive judgment. However, if the defendant examines the facts of fraud in accordance with the records, the facts of fraud for which the defendant has received the final and conclusive judgment would make it possible for him to receive laundry from the Suhyup Training Institute and would receive money from him to be employed as a civilian military employee upon request from the KAF and received money. Thus, in view of the relationship with the facts charged at issue, it cannot be said that it might be said that it would have become the cause of the habit of the same crime, and thus, it cannot be viewed that the facts charged of this case is groundless.

2. In full view of the evidence cited by the court below and the court of first instance, it is sufficient to acknowledge each crime at the time of original adjudication, and therefore, it is not reasonable to argue that there is an error of mistake of facts due to a mistake of the

3. In this case where a sentence of less than 10 years has been imposed, the reason why the amount of punishment is unreasonable cannot be a legitimate ground for appeal. The argument is groundless.

Therefore, the appeal is dismissed, and part of the number of days pending trial after the appeal is included in the principal sentence, and it is so decided as per Disposition by the assent of all participating judges.

Justices Kim Yong-sung (Presiding Justice)