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| TITLE | Supreme Court Decision 2010Do5605 Decided April 14, 2011 [Violation of the Act on Aggravated Punishment, etc. of Specific Economic Crimes (Acceptance of Property, etc.).Violation of the Act on Aggrava [full Text] |
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| Summary | |
| [1] Cases in which, notwithstanding Article 47 (2) of the Constitutional Court Act, a need to separately decree the scope of retroactive effect is to be recognized [2] Where the Constitutional Court previously declared a penal provision constitutional but then later delivered a decision of unconstitutionality, on the grounds that there were changes in circumstances, whether limiting the range of the retroactive effect of the above decision can be permissible upon legal interpretation (negative) [3] Where the Constitutional Court ruled Article 5 (4) 1 of the former Act on Aggravated Punishment, etc. of Specific Economic Crimes to be constitutional, but then later delivered a decision of unconstitutionality on the grounds of changes in circumstances, the Court held that the above provision must be seen as having lost its retroactive effect in accordance with the proviso to Article 47 (2) of the Constitutional Court Act [4] Where the defendant was indicted for violation of the former Act on Aggravated Punishment, etc. of Specific Economic Crimes (the ""former Aggravated Punishment Act""), the Court held affirmed the ruling of court below which reasoned that, as Article 5 (4) of the former Aggravated Punishment Act had been ruled unconstitutional by the Constitutional Court, Article 5 (1) of the same Act must be applied in its place, for which the above indictment had been filed after expiration of prescription period | |
