Whether the crime of special robbery and the crime of robbery, rape, and injury by robbery committed thereafter are in the relation of a single comprehensive crime (negative)

Article 341(b) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides for a special punishment of habitual offenders with respect to each crime of robbery, special robbery, kidnapping robbery, and marine robbery, but there is no special punishment provision for habitual crimes such as robbery, bodily injury, robbery, rape, etc., and thus, there is no special crime of robbery and subsequent crime of robbery, rape, injury by robbery, etc.

Articles 337, 339, and 341 of the Criminal Act; Article 5-4(3) of the Act on the Aggravated Punishment, etc. of Specific Crimes

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Dong-young et al., Counsel for plaintiff-appellant-appellee)

A

Defendant

Attorney B

Seoul High Court Decision 91No3167 delivered on January 10, 1992

The appeal is dismissed.

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

According to the records, the defendant was sentenced to imprisonment with prison labor for 15 years at the Seoul District Court's Dong Branch Branch on April 21 of the same year and sentenced to dismissal at the Seoul High Court on July 21 of the same year due to special robbery committed on January 4, 1991, robbery committed on the 23th of the same month, robbery committed on the 4th of the same month, robbery, robbery, robbery, etc., and robbery. This case is a special robbery committed on July 7 of the same year. Article 341 of the Criminal Act provides for punishment for robbery, special robbery, robbery, robbery, robbery, and marine robbery, but there is no provision for punishment for habitual crimes, so there is no provision for punishment for robbery, and there is no error of law by misapprehending the legal principles as to the crime of this case concerning robbery, robbery, robbery, robbery, etc., which are committed on the 3rd day before and after the crime of this case, and there is no error of law by misapprehending the legal principles as to the crime of this case, including robbery and robbery.

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

Justices Choi Jae-ho (Presiding Justice)