특정범죄가중처벌등에관한법률위반(뇌물)
The part of the original judgment concerning the detention in the workhouse shall be reversed.
When the defendant does not pay the above fine.
The grounds of emergency appeal are examined.
According to the records, in the case of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) against the defendant, etc. on February 14, 2017, the court sentenced the defendant to a five-year imprisonment and a fine of 120,000,000 won, and sentenced the defendant to a one-day conversion of 10,000 won if the defendant fails to pay the above fine, the court ordered the defendant to be detained in the workhouse. The appeal and appeal by the defendant and the prosecutor are all dismissed, and the above judgment becomes final and conclusive.
However, Article 69(2) of the Criminal Act provides, “A person who does not pay a fine shall be confined in a workhouse and work for a period of not less than one day but not more than three years, and a person who does not pay a minor fine shall be confined in a workhouse and work for a period of not less than one day but not more than 30 days.” Thus, the original judgment shall have determined the period of detention in the workhouse so that the period of detention in a case where the fine has not
Nevertheless, the original judgment ordering the defendant to be confined in a workhouse for the period calculated by converting 100,000 won into one day, where the court did not pay the defendant a fine of KRW 120,000,000,000 to the original judgment, where the court below decided that the defendant shall be confined in the workhouse for the period exceeding three years (1,095,000) during which the period of detention in the workhouse is exceeded three years (1,095 days) constitutes
The ground of final appeal assigning this error is with merit.
Therefore, since the part of the original judgment on the detention in the workhouse is disadvantageous to the defendant, it shall be reversed in accordance with the proviso of Article 446(1) of the Criminal Procedure Act, and the decision shall be made in accordance with Articles 70(1) and 69(2) of the Criminal Act. It is so decided as per Disposition by the assent of all participating Justices.