2015Do19131 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape)

[Name of Crime Recognized: Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

Prohibitions (Intrusion, Rape, etc.) and Punishment of Violences, etc. Act

Bans (Intimidations, Deadly Weapons, etc.)

A

Defendant 1

Attorney R (Korean National Assembly)

Attorney B

Seoul High Court Decision 2015No1327 Decided November 19, 2015

February 18, 2016

The judgment below is reversed and the case is remanded to Seoul High Court.

Before determining the grounds of appeal, we examine it ex officio.

Punishment is significantly changed even if the law is changed after the crime is committed, or no change in punishment is made.

U.S. In accordance with Article 1 (1) of the Criminal Code, the applicable law shall be applied, and the court below in this case

Of the facts charged, the former violence as to intimidation to carry dangerous articles around November 19, 2014

Act on Punishment, etc. of Acts (Amended by Act No. 12896, Dec. 30, 2014; Act No. 1385, Jan. 6, 2016)

No. 13718 (amended by Act No. 12896)

3. In the application of Articles 3(1) and 2(1)1 of the Criminal Act and Article 283(1) of the Criminal Act, the conviction was found;

The former Punishment of Violences, etc. Act (Law No. 7891, Mar. 24, 2006) that was enforced at the time of the crime.

[1] A person who was amended by Act No. 12896, Dec. 30, 2014; hereinafter “Act No. 7891, Dec. 30, 201

Articles 3(1) and 2(1)1 of the Punishment of Violences Act, Article 283(1)1 of the Criminal Act

Articles 3(1) and 2 of the Punishment of Violences Act (Act No. 7891), since there is no change in punishment compared to that of a punishment

Paragraph (1) 1 and Article 283(1) of the Criminal Act should be applied, but the aforementioned erroneous application should be made.

Although there are some points, such errors do not affect the conclusion of the judgment.

However, on September 24, 2015, the Constitutional Court "No. 7891 violent acts" in the case of 2014HunBa154, etc.

Article 283(1) of the Criminal Act by carrying a deadly weapon or other dangerous articles under Article 3(1) of the above Punishment Act (Cooperation)

Part concerning a person who commits a crime and Article 3(1) of the Punishment of Violences Act (Act No. 12896)

A person who commits a crime under Article 283 (1) of the Criminal Act by carrying a deadly weapon or other dangerous articles.

Part on the A (hereinafter referred to as "the provisions of this case") shall be in violation of the Constitution. The decision shall be made that "......."

The decision was made.

If so, the provision of this case is unconstitutional, pursuant to Article 47 (3) of the Constitutional Court Act.

by retroactively losing its effect, the prosecution by applying the instant provision of the facts charged

of intimidation to carry dangerous articles constitutes a crime, and thus, constitutes a crime (legal act).

Supreme Court Decision 2004Do9037 Decided April 15, 2005; Supreme Court Decision 2014Do5433 Decided August 28, 2014

(See) The judgment of the court below that found the Defendant guilty of this part of the facts charged became unable to maintain it as it is.

Accordingly, the part of the judgment of the court below against the Punishment of Violences Act should be reversed, and the above crime and crime shall be reversed.

The remaining crimes of the deceased shall be subject to one punishment in relation to concurrent crimes in the former part of Article 37 of the Criminal Act.

As such, the judgment of the court below should be reversed in its entirety.

Therefore, without examining the remaining grounds of appeal, the judgment below is reversed, and the case is reversed.

The case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices.

It is decided as per Disposition by the assent of all participating Justices.

The presiding judge shall keep the record of the Justice

Justices Kim Yong-deok

Chief Justice Park Jong-young

Justices Kim Jae-han