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【裁判要旨】后审法院发现被告人的犯罪,均是在前审两份生效判决缓刑考验期限内所犯的新罪,可以一并撤销该前审两份生效判决的缓刑适用部分,对新犯的罪作出判决后,把前罪和后罪所判处的刑罚,依照刑法第六十九条的规定,决定执行的刑罚。
The main purpose of the referee The trial court found that the defendants’ crimes were both new crimes committed within the trial period of two probable probation proballies, and the two probable part of the trial sentence effective for probation could be jointly revoked. After making a judgment, the penalty for the former crime and the latter crime shall be decided according to the provisions of Article 69 of the Criminal Law.