[군무이탈][집14(3)형,091]
Principle of Inclusion of detention days pending trial on the date of imposition of sentence and prohibition of disadvantageous alteration
A. The date of pronouncement of judgment shall not enter the number of days of pre-trial detention in the court of first instance.
B. If only the defendant appealed against the judgment of the court of first instance for the sum of 40 days, the defendant cannot be subject to a judgment by reducing the number of 39 days to the maximum extent possible.
Article 57 of the Criminal Act, Article 368 of the Criminal Procedure Act, Article 427 of the Military Court Meeting Act
Supreme Court Decision 66Do865 Delivered on November 23, 1965 Decided 4292 delivered on March 9, 1960
Defendant
The Second Military Court Decision, the Second Military Court Decision and the Second High Military Court Decision, the Second Military Court Decision, the Second Military Court Decision, the Second Military Court Decision, the Second Military Court Decision, the Second Military Court Decision, the Second Military Court Decision, the Second Military Court Decision, the Second Military Court Decision
The judgment of the court below is reversed, and the case is remanded to the Army, High School, and Court.
We examine the first ground for appeal by the attorney Kim Jong-soo.
According to the records, the defendant's detention on the ground of this case was sentenced to imprisonment with prison labor for one year and six months at the general military law meeting of the second instance court, which is the first instance court's military court's first instance court's first instance court's first instance court's first instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's second instance court's first instance court's second instance court's third instance court's second instance court's second instance court's second instance court's second instance court's second instance court's first instance court's second instance court's second instance court's second instance court's second instance court's first instance court's fourth court's second court's fourth court's second court's second court's second court's second court's appeal.
This decision is consistent with the opinions of the involved judges.
The judge of the Supreme Court (Presiding Judge) shall transfer to the police officer of the Red Circuit;