[위증·예비적청구·횡령][집17(2)형,041]
The provisions of Article 208 of the Criminal Procedure Act shall apply only to cases where an investigative agency detains a criminal suspect, and shall not apply to cases where the court detains the criminal defendant.
This proposal provision shall apply only where the investigating agency detains the suspect, and shall not apply in cases where the court detains the defendant.
Article 208 of the Criminal Procedure Act
Defendant
Seoul Criminal Court Decision 69No110 decided Mar. 11, 1969
The appeal is dismissed.
The period of detention pending trial after the appeal shall be 70 days included in the principal sentence.
The defendant's ground of appeal No. 1 is examined.
In accordance with the legal application of the first instance judgment maintained by the original judgment
It is obvious that the judgment was led to the confession of the defendant before the Seoul High Court's judgment on the crime of this case became final and conclusive in the case of cancelling the registration of transfer of ownership, and the statutory punishment was mitigated by applying Article 153 of the Criminal Procedure Act. Therefore, we cannot accept the argument of the theory of lawsuit that the original judgment did not take the measures for mitigation.
The second ground for appeal is examined.
The provision of Article 208 of the Criminal Procedure Act only stipulates that a prosecutor or a judicial police officer shall arrest a criminal suspect, and it cannot be said that a court has restricted the arrest of a criminal suspect. Thus, there is no discussion of the theory of lawsuit that the argument that the defendant was detained at the time of the main investigation and had been released as a result of the examination on the legality of the arrest, and that the defendant was detained by a warrant of detention issued by the presiding judge of the court of original judgment after the sentence of the original judgment was re-detained in violation of the above
Therefore, according to the unanimous opinion of all participating judges, it is decided in accordance with Articles 390, 364 (4) and Article 57 of the Criminal Procedure Act.
Justices of the Supreme Court (Presiding Judge) Ma-dong and Ma-dong Ma-dong