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裁判摘要:犯罪行为有一举可毕者,有必须达相当时间始能完结者,前者谓之即成犯,后者乃为继续犯。继续犯,专指犯罪行为之继续,非兼指犯罪状态之继续。所谓犯罪状态之继续,指犯罪虽已完毕,而犯罪所生之违法状态仍继续存在而言。一般即成犯,常有此种“状态继续”之情形。从而,在一个继续犯之行为开始以迄完结之持续时程中,另有其他犯罪(即成犯)之实行行为时,此两罪应如何处断,端视其他犯罪之着手行为,究系存在于继续犯之行为伊始,抑或是继续犯行为着手之后,始犯他罪为衡。其属于行为人着手于继续犯之行为初始,即同时着手实行他罪者,因二罪之着手点同
Referee Summary: The culpable culpable culprit, there must be a considerable time before it can be concluded, the former that is, a criminal, which is to continue to commit. Continue to commit, specifically refers to the continuation of criminal acts, non-refers to the continuation of criminal status. The so-called continuation of the criminal status refers to the crime has been completed, and the illegal status of crime continues to exist. General Serve, there are often such “state continues” situation. Thus, at the beginning of a continuation of the act, the duration of the conclusion of the trial, when there are other crimes (that is, prisoners of conduct), the two crimes should be punishable, looking at other crimes, Existence in the beginning of the continuation of the act, or to continue committing the crime after he started offenses as a balance. It belongs to the perpetrator of the conduct of the continuation of the initial act of conduct, that is, at the same time embark on the commission of his sins, because of the two sins