[특정범죄가중처벌등에관한법률위반·사문서위조·사문서위조행사·폭력행위등처벌에관한법률위반][공1983.7.15.(708),1042]
If the court of final appeal maintains an irregular sentence against the defendant who has attained majority during the period of final appeal
The judgment of the court of final appeal that maintained the sentence of an irregular sentence on the ground that the defendant became an adult during the mooring of the court of final appeal cannot be reversed.
Article 54 of the Juvenile Act
Defendant
Defendant
Attorney Kim Sung-hwan
Gwangju High Court Decision 83No23 delivered on March 10, 1983
The appeal is dismissed.
25 days of detention prior to the rendering of a judgment shall be included in the principal sentence.
The defendant and public defender's grounds of appeal are also examined.
According to the timely evidence of the judgment of the court of first instance maintained by the court below, all criminal facts in the judgment of the court of first instance are recognized, there is no evidence in the process of evidence preparation and fact-finding, and the sentence is excessive, and it cannot be a legitimate ground for appeal in this case.
In addition, the judgment of the court of final appeal that maintained the sentence of an irregular sentence on the ground that the defendant becomes an adult during the course of the pending trial does not constitute a ground for reversal of the judgment of the court below.
Therefore, the appeal is dismissed, and part of the detention days prior to the judgment is included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.
Justices Yoon Il-young (Presiding Justice)