(영문) 서울남부지방법원 2007. 10. 18.자 2007초기2055 결정[미결구금일수에대한불복{유해화학물질관리법위반(환각물질흡입)}][미간행]
Defendant
Defendant
Seoul Southern District Court Decision 2007No506 Decided March 30, 2007
The motion of this case is dismissed.
On April 4, 2007, the Defendant was sentenced to two years of imprisonment for the violation of the Toxic Chemicals Control Act at the Seoul Southern District Court, and appealed. However, this Court dismissed the appeal on March 30, 2007, and only part of the detention days at the appellate court was included in the original sentence on October 15, 2007 according to the decision of correction on October 15, 2007.
In this regard, the defendant asserts that it is unfair to include only 105 days, which is a part of the number of days detained in the appellate court, in the sentence of the court of first instance even though it is 114 days.
On the other hand, Article 57 of the Criminal Act provides that "the number of days under detention before a judgment is made shall be included in the fixed term," and whether the whole or part of the days under detention before the judgment is to be included in the fixed term or not shall be considered to belong to the discretion of the court of the judgment (see Supreme Court Decision 2005Do9268, Apr. 13, 2006). Thus, it is legitimate that this court dismissed a defendant's appeal and included only part of the days under detention in the original sentence while the appellate court dismissed the defendant's appeal, and the defendant's appeal shall not
Therefore, the defendant's motion of this case is dismissed, and it is so decided as per Disposition.
Judges Kim Dong-dong (Presiding Judge) Kim Jong-ok