In the case of violation of Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, whether repeated offenders are more severe

Even if the crime of violation of Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes is established, if the requirements for repeated crime as prescribed in Article 35 of the Criminal Act are met, the aggravation of repeated crime shall

Article 35 of the Criminal Act, Article 5-4 (1) of the Act on Aggravated Punishment, etc.

Supreme Court Decision 81Do2564 Delivered on November 24, 1981

Defendant

Defendant

Attorney Jeon Jeon-soo

Daegu High Court Decision 84No1700 delivered on March 7, 1985

The appeal is dismissed.

The thirty-five days of detention days after the appeal shall be included in the original sentence.

The grounds of appeal by the defendant and the public defender are also examined.

According to the evidence of the court of first instance maintained by the court below, it is sufficiently recognized that the defendant committed the larceny as stated in its judgment, and there is no error in the rules of evidence, such as the theory of the lawsuit on the preparation of evidence, and the defendant is also justified in the measures that recognized the habitual nature of the larceny, and there is no error in the misapprehension of the legal principles as to the violation of the rules of evidence or habitual nature alleged in the arguments. In addition, even if examining the records, there is no ground to suspect that the defendant was in a state of mental or physical disorder at the time of the crime in this case, and there is no error in the court below'

Finally, even if the crime of violation of Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes is established, if the requirements for repeated crime under Article 35 of the Criminal Act are met, the aggravation of repeated crime is required (see Supreme Court Decision 81Do2564 delivered on November 24, 1981). Thus, it is just a single opinion that it does not require aggravation of repeated crime.

Therefore, the appeal shall be dismissed, and 35 days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)