Main Issues

Cases where the defendant, who has committed a crime of attempted death of superior officers under the Military Criminal Act, was sentenced to an illegal sentence under Article 54 of the Juvenile Act.

Summary of Judgment

In the event that a juvenile commits a crime the statutory penalty of which is limited to death penalty, even if he/she is sentenced to punishment by abandonment as a result of mitigation of punishment for an attempted crime or a reason for discretionary mitigation of punishment, such organic punishment is not "when a crime corresponding to a limited term of at least two years has been committed" under Article 54 of the former Juvenile Act (amended by Act No. 4057 of Dec. 31, 88), and it is not "when a crime corresponding to a limited term of at least two years has been committed", and thus, it is not possible to impose an irregular punishment under the above Article,

[Reference Provisions]

Article 53 of the Military Criminal Act, Article 63 of the Military Criminal Act, Article 54 of the Juvenile Act

upper and high-ranking persons

Prosecutor General;

Escopics

Defendant

Judgment of the lower court

The Army General of the First Instance and the Army High of the Second Instance, etc.

Reasons

According to the records of this case, the High Military Court Decision 10 years of imprisonment with prison labor for a short term of 10 years and 15 years of imprisonment with prison labor for the defendant with prison labor for the case of attempted suicide committed against the defendant on June 7, 1963, and the fact that the decision became final and conclusive by the confirmation measures of the competent authority of the 6.20 East Military Court Decision 6.20 years of the same year that the defendant was a juvenile under 20 years of age at the time of the above decision is subject to death penalty pursuant to Articles 53 and 63 of the Military Criminal Act. Thus, even in the case of attempted punishment or reduced sentence due to the reason for attempted punishment and reduced sentence, the abandonment sentence is not when the crime of imprisonment with prison labor for a long term of 2 years or more under Article 54 of the Juvenile Act was committed, and thus, the defendant cannot be punished by imprisonment with prison labor for a short term of 15 years and an extraordinary appeal under Article 54 of the above Act.