(a) Where a considerable amount has been returned after consuming the money received as a request, the additional collection shall be made;

(b) Whether the number of days of pre-trial detention as prescribed in Article 24 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings exceeds the number of days of pre-trial detention;

A. The Defendant should collect the amount from the Defendant, if the Defendant did not return the same amount of money, even if the Defendant spent all the money received from the victim as a solicitation, and paid the same amount of money.

B. Article 24 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that the number of days of pre-trial detention shall not be included in the principal sentence if an appeal is filed without reasonable grounds, but shall not be included in the amount of pre-trial detention.

Article 56 of the Attorney-at-Law Act, Article 24 of the Act on Special Cases concerning Promotion, etc. of Lawsuit

Defendant

Defendant

Busan District Court Decision 82No959 delivered on May 14, 1982

The appeal is dismissed.

The number of detention days after an appeal shall be included in the calculation of the original sentence.

We examine the Defendant’s grounds of appeal.

According to the evidence of the first instance court's decision maintained by the court below, it is not clear that the fact that the defendant received 600,000 won Do 600,000 won from the victim's right under the pretext of making a solicitation for a criminal case handled by a public official in charge of investigation as stated in its reasoning is sufficiently recognized and that there is no illegality of law in recognizing facts without evidence because the process of the evidence preparation

In addition, even though the defendant returned the money received by the defendant to the victim, it is illegal to collect the money from the defendant. However, according to the prosecutor's protocol of interrogation of the defendant against the defendant, it is recognized that the defendant spent all 600,000 won received from the victim, so even if he paid the money to the victim, the judgment of the court of first instance ordering the collection of the above amount is not just, unless he returned the money received to the victim.

In addition, the judgment of the court below is illegal that the number of days of pre-trial detention exceeds the number of days of pre-trial detention stipulated in Article 24 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and is not included in the punishment of the original sentence. However, if an appeal is filed without a reasonable reason, the provisions of the Act on Special Cases stipulate the minimum number of days of pre-trial detention which are not included in the principal sentence

Therefore, the appeal shall be dismissed, and 60 days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Lee Sung-soo (Presiding Justice)