Main Issues

It shall be a wrong example with the comparison of seriousness of the punishment under Article 2 (4) of the Addenda of the Criminal Act.

Summary of Judgment

In comparing the seriousness of punishment in the new and old Criminal Act, when the punishment is to be aggravated or mitigated, it shall be compared after the aggravation or mitigation of the punishment is made.

[Reference Provisions]

Article 2 (4) of Addenda to the Criminal Act

upper and high-ranking persons

Prosecutor

Appellant, Defendant

Defendant 1 and two others

Judgment of the lower court

The Gwangju metropolitan area, the second-class Gwangju metropolitan area, etc.

Reasons

According to Article 2 (4) of the Addenda of the Criminal Code with regard to the application of the Act on the Aggravation of Punishment in the case of ex officio, when the punishment is to be mitigated in comparison with the seriousness of the punishment, the provision of the Act was to be compared after the aggravation or mitigation of the punishment in accordance with the former Criminal Code or the Criminal Code. According to the original judgment, according to the original judgment, when the punishment is to be mitigated in accordance with the former Criminal Code, when the punishment is to be aggravated or mitigated, and when the punishment is to be applied after the comparison of the punishment as a statutory penalty in the former Criminal Code, the severity was determined by comparing the punishment. However, this is illegal in Article 2 (4) of the Addenda of the