Filed 10/25/21 P. v. Jung CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions 

not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion 

has not been certified for publication or ordered published for purposes of rule 8.1115. 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE,

 Plaintiff and Respondent,

v.

BYUNG JAE JUNG, 

 Defendant and Appellant.

2d Crim. No. B305741

(Super. Ct. No. BA469958)

(Los Angeles County)

A jury convicted appellant Byung Jae Jung of kidnapping

(Pen. Code, § 207, subd. (a) 1), false imprisonment by violence

(§ 236), corporal injury on a cohabitant (§ 273.5, subd. (a)), 

assault with a deadly weapon (§ 245, subd. (a)(1) (ADW)), 

criminal threats (§ 422, subd. (a) (threats)), and misdemeanor 

assault (§ 240). The court sentenced him to state prison for nine

years and eight months.

1 All statutory references are to the Penal Code.
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Jung appealed. He contends the trial court ought to have 

stayed the sentences imposed on the ADW and threats 

convictions pursuant to section 654. He also contends the court 

improperly imposed the sentence for false imprisonment because 

it was a lesser included offense of kidnapping. 

We reverse Jung’s false imprisonment conviction and order 

the trial court to correct a sentencing enhancement error in the 

abstract of judgment. The judgment is otherwise affirmed. 

FACTUAL BACKGROUND

Victim Peggy K. moved into Jung’s apartment shortly after 

they began dating in February of 2018. Jung soon suspected 

Peggy of cheating on him with an unidentified man. In May he 

demanded she dial the numbers in her cell phone history to see if 

a man answered. When only women picked up Jung told her to 

stop but immediately demanded to know if she intended to leave 

him. He grabbed a large kitchen knife and threatened to kill 

himself if she left. Peggy hid the knife while Jung went to the 

bathroom and told him she would call 911 if he cut himself. They 

returned to bed. 

Peggy attempted to sneak out of the house that evening 

while Jung slept. He awoke and intercepted her car. She said

she planned to visit her friend. Jung showed up at the friend’s

house 30 minutes later and told Peggy she should not leave him. 

He then dragged her to the car and drove back to his apartment. 

She jumped out as soon as they arrived but soon realized she left 

her keys and wallet inside the car. Police escorted her to the 

apartment after she called them from a nearby restaurant. 

Accessing the unit through a window, she found neither Jung nor 

her personal items inside. 
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Peggy called Jung early the next morning. Jung agreed to 

return her items if she met him at the apartment building. When 

she arrived, he grabbed her by the hand and dragged her through 

the lobby and up the stairs. He broke a beer bottle over her head 

and repeatedly punched and kicked her. Jung pulled Peggy into 

his apartment and said he intended to kill her and then himself. 

He directed her to get on his bed and spread her legs so he could 

cut off her genitals with a knife he had grabbed. At some point 

he swung the knife and cut Peggy’s finger. 

The attack ended when police arrived and knocked loudly 

on the door. Jung fled by jumping off the balcony. Police found 

Peggy covered in bruises and cuts. She told them Jung inflicted 

the injuries. They recovered the knife from under the bed and 

found fresh blood on the bedsheets. Jung was arrested after a

witness reported seeing him walk away from the apartment

building naked from the waist down. 

DISCUSSION

A. The Sentences for Assault with a Deadly Weapon and Criminal 

Threats Were Not Subject to Penal Code Section 654

Jung argues the trial court should have stayed his 

sentences for ADW and threats because they were part of an 

indivisible series of criminal acts culminating in Peggy’s 

kidnapping. (§ 654; see People v. Reed (2006) 38 Cal.4th 1224, 

1227 [“the trial court must stay execution of sentence on the 

convictions for which multiple punishment is prohibited”].) We 

disagree. 

A defendant’s intent and objectives determine whether a 

series of criminal acts falls within section 654’s general bar on 

multiple punishments. (People v. Harrison (1989) 48 Cal.3d 321, 

335.) The evidence shows Jung’s assault and threats were not 
4

committed in furtherance of Peggy’s kidnapping or to prevent her 

escape. The crime was complete when Jung dragged her into his 

apartment. (See, e.g., People v. Arias (2011) 193 Cal.App.4th 

1428, 1435 [asportation requirement for kidnapping met where 

victim moved 15 feet into more secluded area of apartment where 

additional crimes would less likely be detected].) We find no 

reason to disturb the trial court’s decision to sentence Jung 

separately for the acts of torment occurring afterward.

B. False Imprisonment Is a Lesser Included Offense

of Kidnapping

Jung asserts, and the People concede, false imprisonment is 

a lesser included offense of kidnapping. (People v. Ratcliffe (1981) 

124 Cal. App.3d 808, 820, citing People v. Bauer (1969) 1 Cal.3d 

368, 375. We reverse the conviction on count 3.

C. The Abstract of Judgment Incorrectly Identifies Jung’s 

Weapons Enhancements

The abstract of judgment mistakenly lists section 12022, 

subdivision (b)(2) instead of (b)(1) as the basis of the weapons 

enhancements found true as applied to his false imprisonment, 

corporal injury on a cohabitant, and threats convictions. The 

People again concede the point. We order the trial court to 

correct the abstract accordingly.

DISPOSITION

Jung’s conviction for false imprisonment (count 3) is 

reversed and vacated. The abstract of judgment is modified to 

reflect this change and to correct its errant references to section 

12022, subdivision (b)(2). The enhancements on counts 4 and 8

should instead refer to subdivision (b)(1). The superior court 

clerk shall prepare an amended abstract and forward it to the 
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Department of Corrections and Rehabilitation. The judgment is 

otherwise affirmed.

NOT TO BE PUBLISHED.

PERREN, J.

We concur:

GILBERT, P.J.

TANGEMAN, J.
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William N. Sterling, Judge

Superior Court County of Los Angeles

______________________________

Jennifer A. Gambale, under appointment by the Court of 

Appeal, for Defendant and Appellant. 

Rob Bonta, Attorney General, Lance E. Winters, Chief 

Assistant Attorney General, Susan Sullivan Pithey, Senior 

Assistant Attorney General, Steven D. Matthews, Supervising 

Deputy Attorney General, and Ryan M. Smith, Deputy Attorney 

General.