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(영문) 대법원 2014.05.29 2014도3646
폭력행위등처벌에관한법률위반(집단ㆍ흉기등손괴)등
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The whole number of days of pre-trial detention is naturally included in the principal sentence as a matter of law, and there is no need to separately determine matters concerning the inclusion of days of pre-trial detention in judgment.
(see Supreme Court Decision 2009Do11448, Dec. 10, 2009). Therefore, on a different premise, the ground of appeal that the lower court’s failure to enter matters concerning the inclusion of days of pre-trial detention in the judgment is unlawful is without merit.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.