Whether Article 6 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes applies to this case

In applying Article 6 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 32 (2) of the Criminal Act shall not apply.

Article 6(6) of the Aggravated Punishment, etc. of Specific Crimes Act, Article 32 of the Criminal Act, Article 182 of the Customs Act

Supreme Court Decision 71Do34 delivered on June 8, 1971 Supreme Court Decision 75Do363 delivered on November 23, 1976

Defendant

Article 2 (National Election)

Gwangju High Court Decision 78No95 delivered on July 14, 1978

The appeal is dismissed. 45 days, from among days of detention pending trial after the appeal, shall be included in the principal sentence.

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

According to the evidence of the court of first instance maintained by the court below, the facts in its judgment (the same as the altered indictment) are duly recognized, and there is no error of law by misunderstanding any facts contrary to the rules of evidence, and it is just that the court of first instance applies Article 6 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 32 (2) of the Criminal Act (see Supreme Court Decision 75Do363, Nov. 23, 1976) and Article 32 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (see Supreme Court Decision 75Do363, Nov. 23, 1976). The above judgment of the court of first instance as to this case did not contain any error of law by misunderstanding legal principles as to a omission of judgment or an aiding and abetting crime, and even after the records are prepared, the above judgment of the court of first instance as to this case cannot be viewed as a legitimate ground

Therefore, the appeal shall be dismissed and the forty-five days of detention days after the appeal shall be included in the principal sentence in accordance with Article 57 of the Criminal Act. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Young-young (Presiding Justice)