TITLE	Supreme Court en banc Decision 2018Do20698 Decided June 20, 2019¡¼Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); Violation of the Specialized Credit Finance Business Act¡½ [full Text]
Summary
In a case where: (i) a person on whom a final judgment of conviction was handed down for habitual crimes committed a subsequent offense by the same propensity; (ii) a new trial has commenced for the said final judgment of conviction; and (iii) a subsequent offense by the same propensity was committed prior to the pronouncement of a judgment in a retrial on the judgment subject to new trial, whether the res judicata effect of a judgment given at a retrial is effective toward the subsequent offense (negative) In a case where: (i) a person, who was found guilty through a final judgment of conviction, committed a separate subsequent offense thereafter; (ii) a retrial commenced to vacate the final judgment of conviction (original judgment) and render a retrial judgment; and (iii) the subsequent offense was committed before a judgment of a retrial replacing the original judgment became final and conclusive, whether a subsequent offense for which a judgment is yet to be rendered and the prior offense for which a retrial judgment has become final and conclusive constitute concurrent crimes prescribed in the latter sentence of Article 37 of the Criminal Act (negative)

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