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【裁判要旨】共同犯罪要求二人以上以相同的故意实施了相同的犯罪行为,但这并不意味着只有当二人以上的故意与行为完全相同时,才能成立共同犯罪。依据部分犯罪共同说,只要两个以上的人实施的犯罪之间具有重合的性质,就可以在重合的限度内成立共同犯罪。因此,二人以上犯罪故意虽不完全相同,但仍然可以在交叉重叠部分成立共同犯罪。在成立共同犯罪的前提下,存在分别定罪的可能性。对于超出重合范围的行为,应当以其他的罪名来认定。
The purpose of the referee The joint offense requires that more than two people commit the same crime intentionally and intentionally, but this does not mean that a joint crime can only be established when two or more people are acting in exactly the same way. According to some crimes, the common crime can be established within the limits of overlap as long as there is a coincidence between crimes committed by two or more people. Therefore, though the intentional crimes committed by two or more people may not be exactly the same, joint crimes can still be established in the overlapping areas. Under the premise of establishing a common crime, there is a possibility of separate convictions. For behavior beyond the scope of coincidence, should be accorded other charges.