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TITLE [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery)]Supreme Court Decision 2005Do5822 Delivered on October 28, 2005 [full Text]
Summary
[1] After the extradition of a criminal under the Extradition Treaty between the Government of the Republic of Korea and the Government of the United States of America, in a case where all of the offenses for which extradition has been granted at first are acquitted but the executive authority of the Requested State, the USA, consented to the person's detention, trial, or punishment for offenses other than the offenses for which extradition has been granted at first, whether the extradition itself is effective (=valid) and whether the prosecution with the ex post facto consent of the Requested State and the trial procedures on the basis of it is illegal (negative) [2] The case where the period falling under procedure for taking the Extradition Procedures since the defendant has been arrested under the Extradition Treaty between the Government of the Republic of Korea and the Government of the United States of America upon his escape to the USA after the commission of crime does not fall under the number of days of pre-trial detention being included in the term of imprisonment [3] The meaning of the principle of the prohibition of disadvantageous alteration and the criteria for determining disadvantageous alteration [4] Whether the change from a monetary forfeiture in the amount of monetary values of forfeited articles sentenced in the court of first instance to the forfeiture of the forfeited articles violates the principle that an appellate court should not make a disadvantageous judgment in a case where the defendant is the only one who appeals (negative)
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