In the case of a person who was a minor at the time of the judgment of the appellate court but became an adult during the period of the appellate court, the decision is appropriate.

Since the court of final appeal examines the legitimacy of the judgment of the court below, even if a person who was sentenced as a minor at the time of the judgment of the court below becomes adult during the period of the final appeal, the judgment of the court below's non-permanent sentence cannot be reversed on the ground that

Article 371 of the Criminal Procedure Act, Articles 2 and 54 of the Juvenile Act

Supreme Court Decision 85Do2500 Decided January 28, 1986

Defendant

Defendant

Attorney Ansan-gu

Seoul High Court Decision 86No60 delivered on February 28, 1986

The appeal is dismissed.

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

The grounds of appeal by the defendant and his defense counsel are also examined.

Comprehensively taking account of the evidence presented by the court below, the court below's decision that the defendant was not in a state of mental disorder while he was under the influence of alcohol at the time of committing the crime of this case is just and acceptable, and there is no error of law by misunderstanding legal principles, and the court of final appeal also reviewed the legitimacy of the judgment below. Thus, even if a person who was sentenced to an illegal punishment as a minor at the time of the judgment of the court below became adult during the period of the final appeal, even if he was under the age

Ultimately, the appeal is groundless.

Therefore, the appeal is dismissed, and part of the detention days after the appeal 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)