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TITLE [Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof(Rape, etc. against Minors under Thirteen Years of Age)]Supreme Court Decision 2009Do11448 Decided December 10 [full Text]
Summary
[1] Whether the necessity of determining ""the matter as to the inclusion of pretrial detention credit"" in judgment disappears according to the Constitutional Court's unconstitutional decision as to the part of Article 57 (1) of the Criminal Code (affirmative) [2] The legal validity of ""sentencing guidelines"" established by the Sentencing Commission of the Supreme Court [3] The case holding that the principle of prohibiting retroactive application is not violated, in case where the punishment of the crime of which public prosecution had been initiated before ""sentencing guidelines"" established by the Sentencing Commission of the Supreme Court became effective, was determined by reference to the above ""sentencing guidelines""
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