Cases in which a sentence of imprisonment with prison labor for a maximum of seven years or a short of six years has been imposed on a juvenile in violation of Article 54(1) of the Juvenile Act;

According to Article 54 (1) of the Juvenile Act, in cases where a sentence of non-term imprisonment is imposed on a juvenile offender, the maximum term shall not exceed ten years, and the short term shall not exceed five years, so it is erroneous that the punishment was imposed on a maximum term of seven years and a short term of six years.

Article 54(1) of the Juvenile Act

Defendant

Attorney (Korean Civil Code) No. 200

Seoul High Court Decision 81No231 delivered on April 8, 1981

The judgment below is reversed, and the case is remanded to Seoul High Court.

According to Article 54 (1) of the Juvenile Act, when a sentence of non-term sentence is imposed on a juvenile offender, the maximum term of ten years shall not exceed five years, but when examining the judgment of the court below, the court below erred in the misapprehension of the judgment of the court below, as the defendant was sentenced to a maximum of seven years and a short of six years, which affected the judgment of the court below.

Therefore, the decision of the court below is reversed in accordance with the proviso of Article 384 and Article 391 of the Criminal Procedure Act, and the case is remanded to the Seoul High Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ju (Presiding Justice)