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(영문) 대법원 2019.01.31 2018도19933

자본시장과금융투자업에관한법률위반등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Since the whole number of days of pre-trial detention is naturally included in the principal sentence as a matter of law, it is not necessary to separately determine matters concerning the inclusion of days of pre-trial detention in judgment.

(See Supreme Court Decision 2009Do11448 Decided December 10, 2009). On a different premise, we cannot accept the allegation that the court below erred in violation of Article 321 of the Criminal Procedure Act by failing to enter matters concerning the inclusion of detention days prior to the imposition of judgment in the written judgment.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.