Whether aggravation of repeated crime violates Article 10 (Right of Equality) of the Constitution (negative)

It can not be said that the provisions of the Criminal Act concerning aggravation of repeated crime violate the Constitution that provides the equality rights of the people.

Article 35 of the Criminal Act, Article 10 of the Constitution

Defendant

Defendant

Daegu High Court Decision 82No1417 delivered on January 19, 1983

The appeal is dismissed.

The twenty-five days, out of the number of days pending trial after the appeal, shall be included in the principal sentence.

We examine the grounds of appeal.

With respect to heading 1, 2, and 5:

According to the evidence cited by the judgment of the court below, the defendant's criminal facts (However, the same month of criminal facts seems to be a clerical error in the following month) are recognized as lawful and the record is examined in detail, and it is not recognized that the suspect examination of the defendant prepared by the prosecutor is not voluntary due to the same reason as the theory of the lawsuit. Therefore, it cannot be said that there is no error of law that admitted the fact without voluntariness as the theory of the lawsuit in the judgment of the court below or without supporting evidence. All arguments are groundless.

With respect to heading 3, 4, and 6:

The so-called “self-defense” of this case cannot be deemed as falling under self-defense, and the provisions of the Criminal Act on aggravation of repeated crimes violate the Constitution that provides for the equality rights of the people. Moreover, the theory that the Assembly and Demonstration Act was enacted at the National Assembly for National Security Legislation and thus null and void cannot be accepted as it is an independent opinion. Therefore, all of the arguments are groundless. Accordingly, the appeal is dismissed, and part of the days pending trial after the appeal is to be included in the principal sentence. It is so decided as per Disposition by the assent of all participating judges.

Justices O Sung-sung(Presiding Justice)