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Main Issues
The decision of the appellate court was a minor at the time of the judgment of the appellate court but the decision of the appellate court was rendered as to the denial of sentence.
Summary of Judgment
The decision of the court of final appeal is to review the legitimacy of the decision at the time of the judgment of the court of final appeal. Therefore, the decision of a minor at the time of the judgment of the court of final appeal cannot be deemed to be an unlawful act even if the minor becomes adult during the period of the
[Reference Provisions]
Article 383 of the Criminal Procedure Act
Reference Cases
Supreme Court Decision 83Do902 Delivered on June 28, 1983, 86Do700 Delivered on June 10, 1986
Escopics
Defendant
upper and high-ranking persons
Defendant
Defense Counsel
Attorney Park Dong-won et al.
Judgment of the lower court
Msan District Court Decision 86No565 delivered on September 16, 1986
Text
The appeal is dismissed.
The twenty-five days, from among those pending trial after the appeal, shall be included in the principal sentence.
Reasons
The defendant and public defender's grounds of appeal are also examined.
In full view of the evidence cited by the judgment of the court of first instance as cited by the court below, it is sufficiently sufficient to acknowledge the facts of the crime as stated in its holding, and it cannot be caused by wrong deliberation of the judgment of the court of first instance, and the subject of the judgment of the court of final appeal is to examine the legitimacy of the judgment at the time of the judgment of the court of final appeal. Therefore, the judgment of the court of final appeal against the minor defendant at the time of the judgment of the court of final appeal cannot be erroneous even if the defendant becomes an adult during the period of the court of final appeal after the judgment of the court of final appeal, and the judgment of the court of final appeal against
Therefore, the appeal is dismissed, and it is so decided as per Disposition by the assent of all participating judges who are to include part of the number of days pending trial after the appeal in the principal sentence in accordance with Article 57 of the Criminal Act.
Justices Park Jong-dong (Presiding Justice)