實體的 競合의 要件과 處罰

Abstract

Decision on the single criminality or several criminalities is very important and difficult problem. and the problem is needed both a practical estimation and normitive estimation. The number of Crime is a problem of objekt to single penalty or several penalty. In criminal proceedings, in prosecutor it ia a problem of single prosecution or sevaral prosecution. In the accused it is a problem of single defense or several defense. In the Judge it is a Problem of single trial or several trial. There are three type’s several criminal action in Korean Crimanal law system. These are ideal concurrent offenses, essential concurrent offenses, real-several criminal action. In case of essential concurrent offenses several criminal actions are treated as several actions not only in criminal law but also in criminal procedure law. Ideal concurrent offenses is treated only in criminal law as several actions, in criminal procedure law is treated as single criminality. In Criminal Law there are two kinds of essential concurrent offenses. The one is simultaneous-essential concurrent offenses, the other is after the fact-essential concurrent offenses. For completion of simultaneous-essential concurrent offenses, several actions must be falled under several crimes which are not sentenced an irrevocable judgment, and several crimes must be judged concurrently. For completion of after the fact-essential concurrent offenses, between a crime which is sentenced an irrevocable judgment and which was doned before an irrevocable judgment.