「CRIMINAL ACT」
6. When a fine is to be mitigated, it shall be reduced by one half of the maximum amount
thereof;
7. When detention is to be mitigated, it shall be reduced by one half of the maximum term
thereof;
8. When a minor fine is to be mitigated, it shall be reduced by one half of the maximum
amount thereof.
(2) When there are several grounds for which punishment is to be reduced by Acts, it may
be repeatedly mitigated.
Article 56 (Order of Aggravation and Mitigation) Where the grounds for which punishment is
to be increased or reduced have occurred at the same time, the following order shall
apply:
1. Aggravation pursuant to relevant provisions of the Individual Provisions;
2. Aggravation pursuant to Article 34 (2);
3. Aggravation for repeated crimes;
4. Statutory mitigation;
5. Aggravation for concurrent crimes;
6. Discretionary mitigation.
[This Article Wholly Amended on Dec. 8, 2020]
Article 57 (Inclusion of Number of Days of Confinement before Imposition of Sentence) (1)
The number of days of confinement before imposition of a sentence shall be included, in
full, in the period of limited imprisonment with or without labor, or lockup in a workhouse
in respect to a fine or minor fine, or detention. <Amended on Dec. 30, 2014>
(2) In cases of the preceding paragraph, one day of confinement shall be reckoned as one
day of the term of imprisonment with or without labor, or lockup in a workhouse in
respect to a fine or minor fine, or detention.
[Article 57 (1) is Amended on Dec. 30, 2014 in accordance with the Constitutional Court's
decision that held this paragraph unconstitutional on Jun. 25, 2009]
Article 58 (Public Announcement of Judgment) (1) When it is recognized as necessary for the
interest of an injured party, public announcement of the judgment may be made at the
expense of the accused but only at request of the injured party.
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