[1] The number of days of detention pending trial to be included in the principal sentence under Article 57 of the Criminal Code

[2] In a case where the defendant who was released on the day of the suspension of execution, suspension of sentence, fine, etc., release on bail, revocation of detention, etc. on the day of the sentence, whether one day of the number of days under detention on the day of the sentence (the day of release) is subject to the rehabilitation in the appellate trial (affirmative)

[1] The number of days of pre-trial detention (the number of days of pre-trial detention) to be included in the principal sentence under Article 57 of the Criminal Code shall be deemed the number of days of detention prior to the adjudication

[2] In case where the defendant who was released on the day on which the sentence of suspension of execution, suspension of sentence, fine, etc., release on bail, revocation of detention, etc. was immediately released on the day on which the defendant filed an appeal, one day of the detention days on the day of the sentence (the day of release) shall be deemed to be subject to the passing through the appellate trial. The appellate court, where there are days of detention which are subject to passing through finance, must be counted in the principal sentence. Thus, in such case, one day of the above days of detention should be included in the principal

[1] Article 57 of the Criminal Code / [2] Article 57 of the Criminal Code, Article 482 of the Criminal Procedure Act

[1] Supreme Court Decision 66Do1500 decided Dec. 23, 1966 (No. 14-3, 91) Supreme Court Decision 93Do2563 decided Feb. 8, 1994 (Gong1994Sang, 1041)

Defendant

Defendant

Daegu District Court Decision 2005No2065 Decided August 9, 2005

The appeal shall be dismissed. One day of detention days after the appeal shall be included in the original sentence.

1. The defendant's grounds of appeal are examined.

The gist of the grounds of appeal asserted by the defendant is that the defendant is currently in the period of suspension of execution, so the judgment may become final and conclusive after the expiration of the period, and such assertion does not fall under any of the grounds of appeal under the Criminal Procedure Act, and the appeal

2. We examine the calculation of the number of detention days before a judgment is rendered.

The Defendant was sentenced to imprisonment for four months in the first instance court, and was sentenced to the appellate court judgment on August 9, 2005, and was sentenced to the appellate court judgment on August 9, 2005. The content of the appellate court judgment was that the Defendant’s appeal was dismissed and the number of detention days prior to the appellate court judgment was included in the original sentence after filing an appeal. The Defendant filed an appeal against the appellate court judgment on the day the judgment was sentenced. The appellate court rendered a decision to revoke detention against the Defendant on the day on which the appellate court sentenced the appellate court judgment, and the Defendant

Article 57 of the Criminal Act provides that the number of days of detention to be included in the calculation of an original sentence shall be deemed the number of days of detention until the day the sentence is rendered (see, e.g., Supreme Court Decisions 66Do1500, Dec. 23, 1966; 93Do2563, Feb. 8, 1994; 96Do2563, Feb. 8, 1994). Therefore, even if the defendant was released by the cancellation decision of detention on the day the appellate judgment was rendered, the period of detention on the day the appellate judgment was rendered (the day the defendant was released by the cancellation of detention) was one day before the appellate judgment was rendered, and the number of days of detention that can be included in the calculation of an original sentence. If the defendant filed an appeal after the next day without filing an appeal on the day the appellate judgment was rendered, one day of days of detention to be included in the number of days of detention after filing an appeal under Article 482(2) of the Criminal Procedure Act.

However, in this case, the defendant filed an appeal on the day when the appellate judgment was sentenced and the release was made by the revocation of detention, and the number of days of detention per day cannot be included in the statutory inclusion under Article 482(2) of the Criminal Procedure Act (Article 482(2) of the above Act, which is excluded from the statutory inclusion in the calculation, is also treated as including the day of filing the appeal).

Therefore, as in the case of this case, if the defendant who was released on the day on which the sentence of suspension of execution, suspension of sentence, fine, etc., release on bail, cancellation of detention, etc., filed an appeal on the day immediately before that day, one day of the detention days on the day of the sentence (the day of release) shall be subject to the arbitration of the appeal, and if the number of days of detention is subject to arbitration, the whole or part of the days of detention should be counted in the original sentence. Thus, in such case, one day of the above days of detention should be counted in the original

3. Therefore, the appeal shall be dismissed, and one day of detention on the day of filing the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Son Ji-yol (Presiding Justice)