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(영문) 대법원 1961. 5. 17. 선고 4292형상981 판결
[특수절도등][집9형,057]
Main Issues

(a) Where the same criminal act has been repeatedly committed on several occasions for a several-month basis, examples recognized as concurrent crimes without deliberation and determination as having been prosecuted for a single crime;

(b) The example that accepts the evidence of a verdict of innocence in the court of first instance as evidence of guilt in the court of original instance;

Summary of Judgment

A. If the same criminal act has been repeated over several months, the question must be examined and judged as to whether it constitutes a single comprehensive crime or whether it constitutes several crimes.

(b) Where a prosecutor adds other criminal facts and applicable provisions of Acts in preparatory cases while maintaining the original prosecution, he/she shall first examine and determine the criminal facts stated in the original prosecuted;

[Reference Provisions]

Article 254(5) of the Criminal Procedure Act, Article 369 of the Criminal Procedure Act

Appellant, Defendant

Defendant 1 and three others

Judgment of the lower court

Seoul High Court, Seoul High Court, Seoul High Court, etc.

Reasons

According to the original judgment, Defendant 1 conspired with Defendant 1 in the first instance court's judgment on the same facts as that of Defendant 1, 2, and the first instance court's judgment, and thus, the court below found Defendant 2 not guilty on the same facts as that of Defendant 1's non-indicted 1's non-indicted 2's non-indicted 1's non-indicted 2's non-indicted 3's non-indicted 3's non-indicted 3's non-indicted 4's non-indicted 2's non-indicted 4's non-indicted 5's non-indicted 4's non-indicted 4's non-indicted 2's non-indicted 3's non-indicted 4's non-indicted 1's non-indicted 3's non-indicted 1's non-indicted 3's non-indicted 1's non-indicted 3's non-indicted 1's non-indicted 5's non-indicted 1's non-indicted 2's non-indicted 1's non-indicted 1's non-2's non-indicted

Justices Kim Young-chul (Presiding Justice)

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