Main Issues
Article 5-4 (5) of the Act on the Aggravated Punishment, etc.
Summary of Judgment
The provisions of Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes, where a repeated crime is not recognized for committing a repeated crime by committing a crime provided for in the same Article, Article 5-4 (1), (3) or (4) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is provided for in the same Article on three or more occasions, and again committing a crime provided for in the same Article, Article 5-4 (1), (4) of the same Act
[Reference Provisions]
Article 5-4 (5) of the Aggravated Punishment Act
Defendant and Appellant for Custody
Defendant and Appellant for Saryary Employment
upper and high-ranking persons
Prosecutor
Defense Counsel
Attorney Lee Young-young
Judgment of the lower court
Gwangju High Court Decision 89No433,89No41 delivered on October 12, 1989
Text
The appeal is dismissed.
Reasons
We examine the prosecutor's grounds of appeal.
The purport of the provision of Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "Special Crimes Act") shall be that in case where a repeated crime is committed three or more times among the crimes provided for in Article 5-4 (1), (3) or (4) of the same Act, and again commits the crimes provided for in the same paragraph, and where a repeated crime is not recognized for committing a repeated crime, punishment shall be imposed as a statutory punishment provided for in Article 5-4 (1) through (4) of the same Act even in the case where habituality is not recognized, even in the case where the crime is committed, and thus, the court below erred in the judgment of the court below that found the defendant and the defendant under the same purport of Article 5-4 (5) of the same Act only once by recognizing that there is only four criminal offenses such as larceny and special larceny, and that there is no illegality in interpreting Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the defendant and the defendant under custody.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Jong-soo (Presiding Justice) Lee Chang-soo Kim Jong-won