The meaning of "where a person has recognized a more severe crime than that recognized by the original judgment" under Article 420 (5) of the Criminal Procedure Act.

In a case where a crime is recognized more severe than a crime recognized by the so-called original judgment under Article 420 subparagraph 5 of the Criminal Procedure Act, the term "a crime recognized by the original judgment" means a crime different from a crime recognized by the original judgment, and the crime itself recognized by the original judgment does not change, but it does not constitute a reason which causes a change in data on sentencing

Article 420 subparagraph 5 of the Criminal Procedure Act

Supreme Court Decision 4293Noh24 Delivered on September 23, 1960

Defendant

Defendant

Attorneys Kim Sung-sung, Sick-ok

Gwangju High Court Decision 84No487 delivered on November 15, 1984

The appeal is dismissed.

80 days, from among days of detention pending trial after appeal, shall be included in the principal sentence.

The grounds of appeal by the defendant and his defense counsel are also examined.

Article 420 Item 5 of the Criminal Procedure Act where a crime more severe than the crime acknowledged by the so-called original judgment is recognized, refers to a crime separate from the crime recognized by the original judgment, and there is no change in the original judgment itself from the crime recognized by the original judgment, but it is reasonable to interpret that it does not correspond to this, and it is reasonable to interpret that the fact that the victim of the crime of attempted rape in this case agreed with the victim after the pronouncement of the original judgment cited by the theory of the lawsuit does not constitute a ground for retrial prescribed in the above Article of the Criminal Procedure Act, because the fact that the victim of the crime of attempted rape in this case was merely a material for sentencing, and the argument that the decision of the original judgment is too excessive cannot be a legitimate ground for appeal under the Criminal Procedure

Therefore, the appeal is dismissed, and part of the number of days pending trial after the appeal is included in the principal sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)