Main Issues

The crimes committed before illegal enforcement of Article 6 of the Addenda to the Criminal Act and the continuous crimes under Article 55 of the former Criminal Act.

Summary of Judgment

Since the continuous crime of Article 55 of the former Criminal Code is subject to the crime of an inevitable day, this Article cannot be applied to the punishment of continuous crime under the former Criminal Code.

[Reference Provisions]

Article 6 of the Addenda to the Criminal Code, Article 55 of the former Criminal Code

upper and high-ranking persons

Prosecutor

Appellant, Defendant

Defendant

Judgment of the lower court

The support for the propagation of the first instance, the second instance Gwangju High Court, etc.

Reasons

The so-called "new law" in the judgment of the court below is more than that of the new law when there is a change in the law after the crime. Thus, according to the former law, the so-called "former law" in Article 55 of the former law shall be applied to the defendant, and the so-called "the so-called new criminal law" in Article 6 of the Addenda of the Criminal Law shall be deemed to include continuous crimes in Article 37 (1) 1 of the former Criminal Law and Article 38 (1) 50 of the former Criminal Law shall be applied to the defendant's new crime in Article 391 of the former Criminal Law. According to Article 391 of the former Criminal Law, Article 50 of the former Criminal Law, Article 50 of the former Criminal Law, which provides that "the defendant shall be sentenced to aggravated punishment by applying Article 37 (1) 1 of the former Criminal Law and Article 50 of the former Criminal Law, since it is sufficient that the court of first instance and Article 50 of the former Criminal Law shall be sentenced to new Criminal Law Article 9 of the new Criminal Law.