The meaning of "the crime" under the latter part of Article 3 (1) of the Punishment of Violences, etc. Act.

The term "crimes" in the latter part of Article 3 (1) of the Punishment of Violences, etc. Act refers to only the crimes specified in Article 2 (1) of the Criminal Act, and is not limited to cases where the crimes specified in Article 2 (1) of the Criminal Act or the crimes specified in Article 2 (2) of the Criminal Act are committed at night.

Article 3(1) of the Punishment of Violences, etc. Act

Supreme Court Decision 72Do305 Delivered on April 28, 1972, 76Do2703 Delivered on November 9, 1976, and 83Do3105 Delivered on March 13, 1984

Defendant

Defendant

Seoul High Court Decision 88No408 delivered on April 29, 1988

The appeal is dismissed.

The period of detention pending trial after the appeal shall be included in the principal sentence for 50 days.

We examine the grounds of appeal.

In light of the records of the case, it is clear that the judgment of the first instance, as cited by the court below, did not err by the rules of evidence against the defendant, and there was an error of mistake in the original judgment or by mistake in the application of law on the premise of denying the above crime. In addition, the "crime" of a person who carried with himself a deadly weapon or other dangerous articles under the latter part of Article 3 (1) of the Punishment of Violences, etc. Act refers only to the crime under Article 2 (1) of the Criminal Act, and it is not limited only to the case where the crime under Article 2 (1) of the Criminal Act or Article 2 (2) of the Criminal Act is committed at night, and it is obvious that the crime under Article 3 (2) of the same Act is not committed (see Supreme Court Decision 72Do305 delivered on April 28, 1972). Thus, even if the defendant did not habitually commit a crime, the court below did not err by misapprehending the legal principles as to the punishment of an act of violence, etc. under Article 37 (1) of the Criminal Act.

Therefore, the defendant's appeal is dismissed. The part of the days of pre-trial detention after the appeal is included in the principal sentence. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Young-ju (Presiding Justice)