The meaning of “reduction” in Article 32(2) of the Criminal Act and whether the sentence of a final offender is unlawful in a case where the sentence of a final offender is not less than that of a principal offender (negative)

Article 32(2) of the Criminal Act

Supreme Court Decision 2002Do5085 Delivered on December 24, 2002

Defendant 1 and two others

Defendants

Attorney Kang Jae-soo et al.

Suwon District Court Decision 2014No1946 decided May 22, 2015

All appeals are dismissed.

The grounds of appeal are examined.

1. Article 32(2) of the Criminal Act provides that “The punishment of accessories shall be mitigated to less than that of the principal offender.” Here, mitigation of statutory punishment is not to be mitigated than that of the principal offender. Therefore, even if the sentence of accessories is less less than that of the principal offender, it cannot be deemed unlawful (see Supreme Court Decision 2002Do5085, Dec. 24, 2002).

On the contrary premise, the first Defendant 2’s ground of appeal cannot be accepted.

2. Defendant 1 and Defendant 3’s petition of appeal and the grounds of appeal are not indicated.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim So-young (Presiding Justice)