아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
For the defendant 40 hours.
1. Summary of the grounds for appeal: (a) the facts constituting a summary order rendered by the Busan District Court Branch Decision No. 2013 High Court Decision No. 2013 High Court Decision No. 2010, May 9, 2013 and the facts charged in the instant case are not identical to the facts charged; and (b) the facts charged in the instant case are crimes committed by the Defendant’s separate criminal intent; and (c) the judgment of the court below which rendered a acquittal judgment on the grounds that res judicata effect of the final summary order extends to the facts
2. Determination:
(a) Where several acts falling under the name of the same crime or continuous acts are continuously conducted for a certain period under the single and continuous criminal intent and where the legal benefits from such damage are the same, all these acts shall be punished by a single comprehensive crime; however, where the unity and continuity of the criminal's intent are not recognized or the method of the crime is not the same, each crime constitutes substantive concurrent crimes;
(1) In light of the above legal principles, the above legal principles cannot be applied to cases where the defendant's act is identical to that of the defendant, and thus, the above legal principles cannot be applied to cases where the defendant's act is identical to that of the defendant. In light of the above legal principles, the above legal principles cannot be applied to cases where the defendant's act is identical to that of the defendant. Thus, the above legal principles cannot be applied to cases where the defendant's act is identical to that of the defendant's act.
(Supreme Court en banc Decision 93Do2080 Decided October 22, 1994). (B)
According to the evidence duly admitted and examined by the lower court, the Defendant was at least 2013 high-level 3513 of the Incheon District Court Branch on May 9, 2013, and at the JJ of the Defendant’s operation on April 4, 2013, around 20:20, the Defendant was at KRW 5,00 per hour.