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(영문) 대법원 2018.02.28 2017도20980
특수공무집행방해등
Text

The judgment of the court below is reversed, and the case is remanded to the Changwon District Court Panel Division.

Reasons

Judgment ex officio is made.

1. A. The statutoryism requires that crimes and penalties be prescribed by law in order to protect individuals’ freedom and rights from the arbitrary exercise of the State’s penal authority.

In light of such purport, the interpretation of penal laws and regulations shall be strict, and it is not permitted to interpret the meaning of penal laws and regulations excessively or analogically to the disadvantage of the defendant (see, e.g., Supreme Court Decisions 2011Do725, Aug. 25, 2011; 2012Do4230, Nov. 28, 201). (2) In the past, the Constitutional Court prescribed the same conditions as those of the Framework Act on the Aggravated Punishment, etc. of Specific Crimes on the ground that the provision on partial aggravated punishment of Article 6 of the Criminal Act violates the fundamental principles of the Constitution and violates the principle of equality (see, e.g., Constitutional Court Decision 201Do164, Sept. 24, 2015).

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