A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

(b) Fraud;

C. Violation of the Specialized Credit Financial Business Act

(d) Embezzlements of stolen objects;

A

Defendant

Attorney T (Korean Charter)

Gwangju District Court Decision 2014No2683 Decided January 28, 2015

April 23, 2015

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

The grounds of appeal are examined.

Of the facts charged in the instant case, the lower court upheld the first instance judgment convicting the Defendant by applying Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act.

However, the Constitutional Court rendered a decision of unconstitutionality as to the part concerning Article 329 of the Criminal Act among Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes applied by the lower court after the judgment of the lower court was rendered (see, e.g., Constitutional Court Decision 2014Hun-Ga16, Feb. 26, 2015). Accordingly, the above provision of the Act was retroactively invalidated pursuant to Article 47(3) of the Constitutional Court Act. The judgment of unconstitutionality that retroactively loses its effect.

The judgment of the court below which found the defendant guilty of this part of the facts charged was no longer maintained, since the defendant's case prosecuted by applying the pertinent provision of law does not constitute a crime. Therefore, the part concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the judgment below should be reversed. Since the remaining crimes which the court below found guilty and the former part of Article 37 of the Criminal Act are concurrent crimes, the judgment of the court below is reversed and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices

Supreme Court Decision 200

Justices Lee In-bok, Counsel for the appeal

Justices Kim Yong-deok

Justices Kim Gin-young