The fifteen days, out of the number of days pending trial after appeal, shall be included in the principal sentence.

Article 5(1)1 and Article 5(2)1 of the Social Protection Act provides that a person who committed a crime and is deemed to pose a risk of re-offending and to require special education, improvement and treatment shall be subject to the interpretation of Article 6(1) of the Social Protection Act and Article 6(1) of the Act that facilitate rehabilitation into society and protect society by issuing a protective order. It includes not only a case where a sentence is pronounced, but also a case where a suspended sentence is invalidated or revoked and the execution of the whole or part of the suspended sentence is exempted. Thus, according to the judgment of the court of first instance affirmed by the court of first instance, the defendant was sentenced to imprisonment with prison labor for a minimum of ten months at night district court of October 2, 1973 with prison labor for at least one year, and the defendant was sentenced to imprisonment with prison labor for at least 10 years prior to the date of the enforcement of the said Act, and the defendant was not subject to a new punishment for at least 10 years prior to the expiration of the term of imprisonment with prison labor for at least 197 weeks.

Next, we examine the defendant's grounds of appeal.

In this case where the court below sentenced two years and six months of imprisonment to the court below, it is obvious that the amount of punishment imposed is too unreasonable as the ground of appeal is not a legitimate ground of appeal pursuant to Article 383 of the Criminal Procedure Act, and therefore there is no reason to discuss the appeal.

Therefore, the appeal shall be dismissed, and the fifteen days of detention days after the appeal shall be included in the original sentence pursuant to Article 57 of the Criminal Act. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Il-young (Presiding Justice)