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Main Issues
The judgment that does not specify the application of Article 30 of the Criminal Act while holding it as a joint principal offender and the reason for reversal
Summary of Judgment
As long as it is evident in light of the written judgment that Article 30 of the Criminal Act applies by deciding that the defendant damaged the property " jointly with others" and inflicted bodily injury on the people, it shall not be deemed that there was an error of law that affected the conclusion of the judgment by erroneously applying the law, even if the application of the same Act was not clearly stated.
[Reference Provisions]
Article 30 of the Criminal Act, Articles 323 and 383 of the Criminal Procedure Act
Reference Cases
Supreme Court Decision 83Do1942 Delivered on October 11, 1983
Escopics
Defendant
upper and high-ranking persons
Defendant
Defense Counsel
Attorney Counseling
Judgment of the lower court
Seoul High Court Decision 89No3369 delivered on January 19, 1990
Text
The appeal is dismissed.
35 days under detention after an appeal shall be included in the calculation of the original sentence.
Reasons
1. Judgment on the Defendant’s grounds of appeal
If the evidence of the court of first instance cited by the court below is examined by comparing it with the records, it can sufficiently recognize the defendant's facts constituting each of the crimes, such as the damage to property and the injury of the case.
2. Judgment on the grounds of appeal by defense counsel
As long as it is clear in light of the written judgment that Article 30 of the Criminal Act applies by deciding that the defendant damaged the building "joint with others" and inflicted bodily injury on the people, it cannot be deemed that there was an error of law that affected the conclusion of the judgment by applying the law, even if the application of the law is not clearly stated, and therefore, there is no reason to discuss (see Supreme Court Decision 83Do1942, Oct. 11, 1983).
Therefore, the defendant's appeal shall be dismissed, and part of the detention days after the appeal shall be included in the original sentence of the judgment below. It is so decided as per Disposition by the assent of all participating judges.
Justices Lee Jae-sung (Presiding Justice)