Relationship between the Reasons for Reduction of and Exemption from Legal Punishment in Article 368(2) of the Military Court Act;

Article 368 (2) of the former Gun Council Act (wholly amended by Act No. 3993, Dec. 4, 87) refers to only the necessary reasons for reduction or exemption, and it does not include cases where reduction or exemption is voluntarily made, such as the number of persons.

Article 368(2) of the Military Court Act

Defendant

Seoul High Court Decision 28Da1427 delivered on August 25, 1967, which held that the Korea Army, High Court Decision 28Da288 delivered on April 1, 2008

The appeal is dismissed.

The number of detention days after an appeal shall be included in the original sentence.

The grounds of appeal by the defendant and his defense counsel are examined.

According to Article 36(2) of the Appellate Court Act, when a statement of fact, which serves as a legal ground for reduction of or exemption from punishment, is clearly stated, but the reason for reduction of or exemption from punishment referred to in this Article refers to only the necessary reason for reduction of or exemption from punishment, and it does not include cases where reduction of or exemption from punishment is voluntarily made like the case of number of persons, and thus, it cannot be deemed unlawful on the ground that the court below did not make a decision on the assertion on the self-denunciation of the defendant, and the following reason why the sentencing of the original judgment is unfair cannot be a legitimate ground for appeal. Therefore, all arguments

Therefore, the appeal shall be dismissed without merit, and 50 days of detention after the appeal shall be included in the original sentence in accordance with Article 57 of the Criminal Act. It is so decided as per Disposition by all participating judges.

Supreme Court Judge Madung (Presiding Judge) Kim Gung-bun and Madlebro