The number of crimes committed in the event that two persons are covered with a cover at one time.

If the defendant had given birth to 2 children covered with a cover and died, it was erroneous in the judgment of the court below that the single act was committed as concurrent crimes despite the commercial concurrent crimes corresponding to several crimes.

Articles 40 and 250 of the Criminal Act

Defendant

Prosecutor

Gwangju District Court Decision 71 Gohap16 decided Jan. 1, 200

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The 110 days out of the detention days prior to the pronouncement of the judgment below shall be included in the original sentence.

Provided, That the execution of the above punishment shall be suspended for five years from the date of the final judgment.

The gist of the reason for appeal by the prosecutor is that the court below's postponement of execution of the punishment for three years against the defendant is too uneasible because the amount of the punishment is too uneasible.

However, the judgment of the court below is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act, and the judgment of the court below is reversed and the judgment of the court below is again decided as follows, because the court below's act of single act constitutes several crimes under the name of crimes. Thus, the court below's act of concurrent crimes against the so-called of the defendant constitutes violation of Acts and subordinate statutes which affected the conclusion of the judgment.

Criminal facts and evidence acknowledged as a member are the same as those indicated in the judgment of the court below, and they are cited as it is.

The court below's decision is reasonable to recognize the execution of the sentence as to the defendant under Article 53 and Article 55 (1) 5 of the Criminal Act, since the defendant is punished as a punishment under Article 40 and Article 50 (3) of the Criminal Act due to the nature of the crime and the serious crime committed during the period of imprisonment, among the cases of multiple crimes, as a single act, the defendant is punished as a punishment under Article 40 and Article 50 (3) of the same Act. Thus, the defendant shall be punished as a limited term of imprisonment within three years within the scope of the term of punishment which has been mitigated under Article 53 and Article 55 (1) 5 of the same Act. In accordance with Article 57 of the same Act, 110 days of the number of days under detention prior to the pronouncement of the court below's decision is included in the above sentence, and the defendant is pregnant as a woman of unmarried mother, and the defendant has committed the remaining punishment of this case without being married to the other party, and after the execution of the sentence becomes final and conclusive under Article 16 (1) of the above Act.

It is so decided as per Disposition.

Judges Choi Yong-so (Presiding Judge)