Scope of application of Article 1(2) of the Criminal Act

The provisions of Article 1(2) of the Criminal Act shall apply to the case where a crime is recognized and punished as a crime according to the change of the legal ideology, which is the reason for the enactment of penal statutes, depending on the difference in the present evaluation of the act in the past, or where the law was amended or amended in light of anti-sexual consideration that the act was excessive, or where the law was amended or amended in order to cope with the special needs at that time due to changes in circumstances other than those resulting from the change of the legal ideology, it shall not be deemed that the act at the time of the act was committed as an act at the time of the act even if the law was amended or amended, even if the law was amended or amended.

Article 1(2) of the Criminal Act

Supreme Court Decision 79Do2953 delivered on July 22, 1980, 82Do1861 delivered on October 26, 1982

Defendant 1 and one other

Prosecutor

Seoul Criminal Court Decision 83No5118 delivered on December 9, 1983

The judgment of the court below is reversed, and the case is remanded to the Panel Division of the Seoul Criminal Court.

The prosecutor's grounds of appeal are examined.

(1) According to the reasoning of the judgment below, as to the violation of each of the Energy Use Rationalization against Defendant 1 and 2, Article 27 (1) of the Energy Use Rationalization Act and Article 23 of the Enforcement Rule of the same Act stipulate that any person who intends to engage in the business of installing and installing specific heat-using machinery and equipment, such as the hot water boiler, shall be designated as the chief of the power resource department. However, according to Article 2 subparagraph 6 of the same Act and Article 2 of the Enforcement Rule of the same Act, the hot water boiler shall be located below 14M2 and the maximum used pressure of not more than 3.5 KG/6CM2, but it shall be excluded from gas use, so even if the Defendants installed and installed both hot water and heating, it shall not constitute the hot water boiler provided for in the above Act, and it shall not constitute an act of installing and constructing the instant hot water temperature.

(2) However, the provision excluding gas use to hot boilers among heat-using machinery and materials listed in Table 1 of Article 2 of the above Enforcement Rule is amended on June 1, 1983 (No. 57 of the Enforcement Rule). Article 2 of the Revised Enforcement Rule, which was enforced at the time of the instant crime, does not exclude gas use from hot water boilers as heat-using machinery and materials. It is obvious that the former Enforcement Rule does not have effect prior to its implementation, and Article 1(2) of the Criminal Act does not have effect on the previous facts prior to its implementation, and Article 1(2) of the Revised Enforcement Rule of the Revised Enforcement Rule of the Revised Enforcement Rule of the Revised Enforcement Rule provides that the current evaluation of the acts committed in the past according to the change of the legal ideology, which is the reason for the enactment of penal legislation, should be applied to cases where the above acts were committed, or where the above acts were committed with unreasonable consideration that there was an excessive punishment, or where there was no need for the revision or abolition of the above Acts and subordinate statutes prior to the change of the above legal ideology.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)