The degree of specification of the crime in the blanket crime

In the case of the blanket crime, even though it is not specifically specified for each act forming part of the daily crime, if it is specified in the whole crime, the time and period of the crime, the method of the crime, the recovery of the crime or the total amount of the damage, and the victim or the other party, etc.,

Article 254(4) of the Criminal Procedure Act

Supreme Court Decision 71Do1548 delivered on November 23, 1971, 2008 81Do1409 Delivered on April 12, 1962

Victims

Defendant and Prosecutor

Attorney Kim Yong-hwan

Seoul Criminal Court Decision 82No3953 delivered on September 28, 1982

The appeal by the defendant and the prosecutor is dismissed.

1. The grounds of appeal by the defendant and his defense counsel are examined together.

According to the evidence of the first instance court maintained by the court below, even if the facts of each crime in the judgment of the court of first instance are duly acknowledged, and the first instance court did not err in the misunderstanding of facts due to the violation of the rules of evidence, such as theory of lawsuit, or in the misunderstanding of legal principles as to the criminal intent of fraud and fraud, or in the misunderstanding of reasoning, etc., the arguments are groundless. In the case of a single comprehensive crime, even though it is not specifically specified with regard to each act constituting a part of a single crime, if the whole crime is stated, the time, termination period, method of the crime, recovery of the crime, total amount of damages, and the victim or the other party are specified in the facts of the judgment of the court of first instance. According to the reasons and records of the judgment of the court below and the first instance, the prosecutor instituted a public prosecution with regard to the facts of the first instance court, specifying the completion period, method, frequency of all crimes, recovery of damages, total sum of damages, and the first instance court also stated the above facts of the crime, which is specified.

2. Prosecutor's grounds of appeal are examined.

According to the reasoning of the judgment of the court of first instance maintained by the court below, the court of first instance judged to the effect that the crime was committed with respect to the fraud of the victim's check among the facts charged in this case, and sentenced the defendant not guilty of the above part of the facts charged. In light of the records, the first instance court's examination of the process of cooking the evidence which was conducted by the court of first instance in taking such measures is just and there is no violation of the rules of evidence such as the theory of lawsuit, and therefore, the argument

3. Therefore, all appeals by the defendant and the prosecutor are dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Jeong Tae-tae (Presiding Justice)