Whether an aggravated punishment may be made pursuant to Article 5 of the Act on Special Measures for the Control of Public Health Crimes where Article 25 of the Medical Service Act is changed after the crime is committed.

If the judgment of the court below applied Article 5 of the Act on Special Measures for the Control of Public Health Crimes to the so-called defendant, Article 25 of the Medical Service Act, and Article 25 of the former Medical Service Act enacted by Act No. 2533 was somewhat modified, and Article 24 of the former Medical Service Act was also amended, the appellate court may not be subject to aggravated punishment under the Act on Special Measures for the Control of Public Health Crimes in accordance with the principle of no crime without law.

Article 1 of the Criminal Act, Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 24 and Article 25 of the Medical Service Act (Law No. 1035)

Seoul High Court Decision 73No892 delivered on September 13, 1973, 73No1018 delivered on September 27, 1973

Defendant

Defendant

Gangnam Branch Court of Chuncheon District Court of the first instance (73 Gohap35 decided)

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The thirty-five days of detention days prior to the pronouncement of the judgment below shall be included in the above sentence.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Articles seized in the attached list (Articles 1 through 17) shall be forfeited from the defendant.

The gist of the grounds for appeal by the defendant and the defense counsel is that the sentencing is too unreasonable in light of the motive of the principal offense and the family environment of the defendant.

First of all, according to the judgment of the court below, the court below can find that the defendant's original trial was subject to the application of Article 5 of the Act on Special Measures for the Control of Public Health Crimes and Article 25 of the Medical Service Act at the time of the original trial. Article 25 of the Medical Service Act, which is a provision on the elements of the so-called constitution at the time of the defendant's original trial, is somewhat modified, and Article 24 of the same Act is also enacted after the judgment of the court below, and Article 24 of the same Act cannot be punished in accordance with Article 5 of the Act on Special Measures for the Control of Public Health Crimes under the principle of the principle of no punishment without law. As such, the application of the law of the court below to the defendant's original trial suit is unfair, and since it clearly affected the judgment, the judgment of the court below cannot be exempted without reversal, and it is reversed pursuant to Article 364 (2) and (6) of the Criminal Procedure Act and it is again decided as follows after pleading.

(Criminal Facts and Summary of Evidence)

The summary of the facts charged and evidence against the defendant recognized as a party member is as shown in Article 369 of the Criminal Procedure Act, since it is the same as the timely deletion of the judgment of the court below, except for deletion of Section 2, 6 of the judgment of the court below.

(Application of Law)

The judgment of the defendant constitutes Articles 25 and 65 of the Medical Service Act (Law No. 1035, No. 1690), and therefore, the defendant shall be punished by imprisonment within the prescribed term of imprisonment, and the defendant shall be punished by imprisonment within the prescribed term of imprisonment, according to Article 57 of the Criminal Act. According to Article 57 of the Criminal Act, 35 days of the number of detention days prior to the sentence of the judgment of the court below shall be included in the above sentence, and the defendant's principal crime shall be committed without the number of remaining days in which it is difficult to live, and the defendant's principal crime shall be divided in depth. Thus, by applying Article 62 of the Criminal Act, the execution of the above sentence shall be suspended for 2 years from the date when the judgment became final and conclusive, and the attached attached list (Evidence No. 1 through 17) shall be confiscated from the defendant under Article 48 (1) 1 of the Criminal Act.

It is so decided as per Disposition for the above reasons.

[Attachment]

Judge Regular (Presiding Judge) Lee Jin-jin-gu