A. The Defendant was sentenced to two years of imprisonment on September 13, 2005 with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) by Changwon District Court 2005 or 2008, and submitted a summary accusation on the same day

B. When the above judgment against the defendant was finalized on October 6, 2005 due to the withdrawal of non-permanent high court, the prosecutor included the date when the judgment became final and conclusive on October 17, 2005 in the term of punishment and included only 40 days of pre-trial detention days and 8 days of pre-trial detention period, which were ordered to be included in the above judgment, in the term of punishment, and excluded from the period from the time when the period of filing an appeal expires to the time when the judgment becomes final and conclusive due to the withdrawal of the above non-permanent high court.

2. Determination

If the appeal is withdrawn after the period for filing the appeal has expired, there is no express provision as to whether the number of days of detention corresponding to it should be included in the term of punishment.

However, in light of the relevant provisions, such as the Criminal Act and the Criminal Procedure Act, and the purport of Constitutional Court Decision 9Hun-Ga7 dated July 2000, etc., it is reasonable that pre-trial detention is included in the period of punishment in its entirety as long as there is no ground to exclude a part of the pre-trial detention from the subject of pre-trial detention, in principle, unless there is any ground to exclude the subject of pre-trial detention from the subject of pre-trial detention, it is reasonable to exclude it from the subject of pre-trial detention without any ground to exclude the whole period from the subject of pre-trial detention from the subject of pre-trial detention after the lapse of the period of appeal. It is reasonable to view that pre-trial detention cannot be allowed only by the prevention of remaining appeal or the decision

In the same purport, the judgment below at least is justifiable, and the immediate appeal of this case is dismissed as it is without merit.

Judges Kim Jong-chul (Presiding Justice)