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Main Issues
The meaning of Article 3 (1) [the preceding Article] or 3 (1) of the Punishment of Violences, etc. Act
Summary of Judgment
Article 3 (1) of the Punishment of Violences, etc. Act [the crime under the preceding Article] or 3 (1) of the same Act [the crime] or 2 (1) of the same Act refers only to [the crime under each Article of the Criminal Act], and Article 2 (1) of the same Act cannot be deemed to refer only to the crime under Article 2 (1) of the same Act [Habitual Offenders] or 2 (2) of the same Act.
[Reference Provisions]
Articles 3(1), 2(1), and 2(2) of the Punishment of Violences, etc. Act
Escopics
Defendant 1 and one other
upper and high-ranking persons
Defendants
Defense Counsel
Attorney Shin Shin-chul
Judgment of the lower court
Jeonju District Court Decision 83No462 delivered on November 9, 1983
Text
All appeals are dismissed.
The number of days pending trial after the appeal shall be 70 days each to be included in the corresponding principal sentence.
Reasons
The grounds of appeal by the Defendants and the defense counsel are also examined.
Examining the evidence cited by the judgment of the court of first instance as cited by the court below after comparing the records, it appears that the court below's measures that recognized the facts of the crime in the judgment of the court of first instance were justifiable, and it cannot be said that there was an error of misconception of the facts by misunderstanding the rules of evidence, and the court below erred by misapprehending the legal principles as to the above facts of crime, and Article 3 (1) of the Punishment of Violence, etc. Act / [the crime under the preceding Article] or / [the crime] of Article 2 (1) / [each Article of the Criminal Act] and Article 2 (1) / [the crime under Article 2 (1) / [Habitual offender] or Paragraph (2) / [the crime under Article 3 (1) / [the crime under the preceding Article] or 3 (1) / [the crime] of Article 2 (1) / [the crime] cannot be accepted in the premise that it is a habitual offender / [the crime under Article 2 (1) / [the crime] of this case].
Therefore, all appeals are dismissed, and it is so decided as per Disposition by the assent of all participating judges by applying Article 57 of the Criminal Act and Article 24 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young