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TITLE	Supreme Court Decision 2018Do13382 Decided February 28, 2019【Violation of the Punishment of Violences, etc. Act (Injury by Mob Assault, Deadly Weapon, etc.) (Convicted Crime: Special Bodily Injury); Violation of the Punishment of Violences, etc. Act (Property Damage by Mob Assault, Deadly Weapon, etc.) (Convicted Crime: Special Property Damage); Violation of the Road Traffic Act (Driving under the Influence); Violation of the Road Traffic Act (Driving Without a License)】 [full Text]
Summary
[1] Nature of the procedure for retrial, and whether an original judgment becomes invalid as a matter of course upon a retrial judgment becoming final and conclusive (affirmative) Scope of the effect of a final and conclusive retrial judgment, and whether a disadvantage inflicted on a defendant due to an original judgment becoming invalid undermines the defendant’s legal status warranting protection in a retrial (negative) [2] Reckoning period of suspended execution after the same is rendered (held: the date when the judgment ruling suspended execution became final and conclusive) [3] In a case where: (a) the Defendant was handed down a prison sentence of six (6) months for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (retaliation and threat, etc.) during the period of suspended execution set by the judgment subject to retrial and said judgment became final and conclusive, which led to the expiration of the suspended execution and the suspended sentence was imposed on the Defendant; and (b) in the original judgment (that is, retrial judgment), sentencing was newly determined and suspended execution was rendered again to which the period of reckoning was based on the date when the original judgment became final and conclusive, the case affirming the lower judgment ruling that, so long as the sentence determined in a retrial judgment is not heavier than that determined in a judgment subject to retrial, this contradicts neither the principle of prohibition against a change to the disadvantage of the accused nor the principle of a criminal retrial for the benefit of the accused

TITLE

Supreme Court Decision 2018Do13382 Decided February 28, 2019【Violation of the Punishment of Violences, etc. Act (Injury by Mob Assault, Deadly Weapon, etc.) (Convicted Crime: Special Bodily Injury); Violation of the Punishment of Violences, etc. Act (Property Damage by Mob Assault, Deadly Weapon, etc.) (Convicted Crime: Special Property Damage); Violation of the Road Traffic Act (Driving under the Influence); Violation of the Road Traffic Act (Driving Without a License)】 [full Text]

Summary

[1] Nature of the procedure for retrial, and whether an original judgment becomes invalid as a matter of course upon a retrial judgment becoming final and conclusive (affirmative)
Scope of the effect of a final and conclusive retrial judgment, and whether a disadvantage inflicted on a defendant due to an original judgment becoming invalid undermines the defendant’s legal status warranting protection in a retrial (negative)
[2] Reckoning period of suspended execution after the same is rendered (held: the date when the judgment ruling suspended execution became final and conclusive)
[3] In a case where: (a) the Defendant was handed down a prison sentence of six (6) months for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (retaliation and threat, etc.) during the period of suspended execution set by the judgment subject to retrial and said judgment became final and conclusive, which led to the expiration of the suspended execution and the suspended sentence was imposed on the Defendant; and (b) in the original judgment (that is, retrial judgment), sentencing was newly determined and suspended execution was rendered again to which the period of reckoning was based on the date when the original judgment became final and conclusive, the case affirming the lower judgment ruling that, so long as the sentence determined in a retrial judgment is not heavier than that determined in a judgment subject to retrial, this contradicts neither the principle of prohibition against a change to the disadvantage of the accused nor the principle of a criminal retrial for the benefit of the accused

Prev	Supreme Court Order 2018Ma6721 Dated March 6, 2019【Objection to Provisional Disposition】
Next	Supreme Court en banc Decision 2018Da248909 Decided February 21, 2019【Damages (Etc.)】

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