특정범죄가중처벌등에관한법률위반(뇌물)등
1. All parts of the judgment of the court of first instance and the judgment of the court of second instance except the compensation order shall be reversed.
Defendant
S. Imprisonment.
1. According to the records of the instant case, the following facts can be acknowledged.
A. The Defendants were indicted due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and appealed at the Busan District Court after having been sentenced to six years of imprisonment and a fine of 200 million won, and Defendant A sentenced to five years of imprisonment and a fine of 120 million won and imprisonment of 100 million won, respectively. The Busan High Court, which is the appellate court, reversed the judgment of the lower court on September 24, 2015 and sentenced Defendant S to six years of imprisonment and a fine of 20 million won, Defendant A’s imprisonment and a fine of 120 million won, and the judgment subject to a retrial became final and conclusive on January 14, 2016.
B. In accordance with Article 2(1) of the Addenda to the Criminal Act (Act No. 12575, May 14, 2014), the instant judgment subject to a retrial ruled that the Defendants are detained in the workhouse for a period calculated by converting KRW 300,000 into one day if the Defendants did not pay a fine, in accordance with Article 70(2) of the current Criminal Act, pursuant to Article 2(1) of the Addenda to the Criminal Act (Act No. 12575).
(c)
In this regard, the Constitutional Court on October 26, 2017 applied the amended provisions of Article 70(2) of the Criminal Code to the case where a prosecution is instituted for the first time after this Act enters into force.
Article 2(1) of the Addenda to the above Criminal Act was decided to be in violation of the Constitution (see Constitutional Court Decision 2015Hun-Ba239, 2016Hun-Ba 177, Constitutional Court Decision 2016Hun-Ba 177, Constitutional Court Decision 201Hun-Ba). Accordingly, Article 2(1) of the Addenda to the above Criminal Act retroactively lost its effect pursuant to Articles 75(6) and 47(3) of the Constitutional Court Act ( ultimately, Article 70(2) of the Criminal Act shall apply only to acts after May 14, 2014, which is the date on which the amended Act enters into force, and Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) shall apply to the previous acts).
On September 10, 2018, the Defendants filed a motion for a new trial on the instant judgment subject to a new trial. On September 10, 2018, the court rendered a decision to commence a new trial on the instant
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