The number of crimes committed in the event of rape while being injured by robbery;

In the event that the defendants inflict an injury on the victim and continue rape on the opportunity of robbery, the crime of robbery and the crime of robbery are not in a substantive competition relationship, but in a commercial competition relationship between a single act and several crimes of robbery.

Article 40 of the Criminal Act, Article 337 of the Criminal Act, Article 339 of the Criminal Act

Supreme Court Decision 73Do150 delivered on August 31, 1973, 73Do150 delivered on August 31, 1973 (Supreme Court Decision 10524 delivered on August 105, 180 (17), 1929, 198(7), 193Do234 delivered on April 9, 1974, 73Do234 delivered on April 9, 1974 (Supreme Court Decision 10709 delivered on June 107, Supreme Court Decision 22Nu42 delivered on June 21, 197, Article 13(2)56 of the Passport Act, Court Gazette 489 and 7861 delivered on court bulletin)

Defendant 1 and one other

Busan District Court Jinju Branch (81 Gohap52)

The judgment of the court below is reversed.

Defendant 1 is punished by imprisonment for a maximum of six years, by a short of five years, by imprisonment for a maximum of five years and six months and by a short of five years, respectively.

The seventy-five days of detention days prior to the pronouncement of the judgment below shall be included in the above sentence.

A knife cut of the seized pen shall be confiscated by Defendant 1; one knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife 11); one knife knife knife knife knife knife knife knife knife knife knife

The gist of the grounds for appeal by the defense counsel No. 1 is that, in the absence of sufficient evidence to acknowledge the crime at the time of the original adjudication, the court below violated the rules of evidence, affected the judgment by misunderstanding the facts, and the summary of the grounds for appeal by the second and the defendants is too unreasonable to determine the sentencing of the court below against the defendants.

In full view of the records, the evidence duly admitted by the court below is sufficient to acknowledge the criminal facts at the time of original adjudication, and there is no other evidence to see that the court below violated the rules of evidence and misleads the fact-finding.

Before determining on the grounds for appeal of unfair sentencing, the court below decided ex officio prior to determining on the grounds for appeal of unfair sentencing. The court below, on the ground that the defendants suffered injury to the victim in the opportunity of robbery and continued rape, deeming the two facts as substantive concurrences. Since a single act should be subject to punishment for the most severe crime as a so-called commercial concurrence relation corresponding to several crimes, the court below erred in the violation of law, and thus, the court below cannot avoid reversal in this regard.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, and it is again decided after pleading.

The relationship between facts constituting an offense acknowledged by a member and the evidence thereof is the same as that of the court below, and they are cited as it is.

Article 37, Article 30 of the Criminal Act provides that the Defendants shall be subject to punishment for robbery and robbery; Articles 339, 30 of the same Act provides that the Defendants shall be subject to punishment for the crime of robbery and robbery; Articles 343 and 30 of the same Act; Articles 40 and 50 of the same Act provide that the crimes of robbery and robbery shall be subject to punishment for the crimes of robbery which are heavier than punishment under Article 40 and 50 of the same Act; Article 15 of the same Act provides that the Defendants shall be subject to punishment for the crime of robbery and robbery; Articles 38 (1) 2 and 50 of the same Act provides that the crimes of robbery and robbery shall be concurrent crimes under the former part of Article 37 of the same Act; Articles 38 (1) 4 and 50 of the same Act provide that the crimes of robbery and robbery shall be subject to punishment for a limited term of imprisonment for each of the above crimes of imprisonment with prison labor for not more than 5 years; Article 15 of the same Act provides that the Defendants shall be subject to confiscation of the same Act within the first five years.

It is so decided as per Disposition for the above reasons.

Judges Ahn Yong-chul (Presiding Judge) (Presiding Justice)