[반공법위반][공1982.12.1.(693),1058]
Whether a statement that recognizes the facts of a crime in the course of investigation and questioning by an investigative agency constitutes a self-denunciation.
The term "self-denunciation" means that an offender voluntarily commits a crime against a government agency responsible for the investigation and expresses his/her intent to seek the disposition, and it is only a confession that makes a statement of a crime in response to an official question or investigation by an investigation agency.
Article 52 of the Criminal Act
Defendant
Defendant
Attorney Lee Jong-il
Seoul Criminal Court Decision 82No2361 delivered on June 30, 1982
The appeal is dismissed.
The number of days under detention after an appeal shall be included in the original sentence.
The grounds of appeal by the defendant and his defense counsel are examined.
1. According to the evidence of the first instance judgment maintained by the court below, the facts of the judgment are legally recognized, and there is no error of law by mistake of facts due to a violation of the rules of evidence, such as the theory of lawsuit. There is no ground
2. The term "self-denunciation" means that an offender voluntarily expresses his/her intent to commit an offense against a government agency responsible for the investigation and to seek measures, and a statement of facts constituting an offense in response to an official questioning or investigation conducted by an investigative agency is only confessions and does not go as sufficient. According to the records (the report of the offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's identity, his/her offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's offender's identity, and his/her criminal defendant's offender's offender's offender's offender's offender's offender's offender's offender's identity can be found to have not been punished.
3. In case where a defendant or a person other than the defendant files an appeal, if the judgment of the court below is reversed, the judgment prior to the imposition of sentence after the appeal, and the number of detention days after the appeal shall be executed by adding the whole amount to the principal sentence. Thus, in the judgment of the court below that reversed the judgment of the court of first instance, the judgment of the court below that the number of detention days after the appeal has not been included in the principal sentence is due to the failure to properly understand the above provisions. Thus, it is groundless to discuss
Therefore, the appeal shall be dismissed, and the 80 days of detention days after the appeal shall be included in the principal sentence in accordance with Article 57 of the Criminal Act. It is so decided as per Disposition by the assent of all participating judges.
Justices Kang Jong-young (Presiding Justice)