The appeal is dismissed.

The grounds of appeal are examined.

Article 57 (1) of the Criminal Code provides that "or some" portion of the Constitutional Court has become invalid as a decision of unconstitutionality of the 2007HunBa25 decided June 25, 2009.

Therefore, since the whole number of days of pre-trial detention is naturally included in the principal sentence as a matter of law, it is unnecessary to separately determine matters concerning the inclusion of days of pre-trial detention in judgment.

(see, e.g., Supreme Court Decision 2009Do11448, Dec. 10, 2009). On a different premise, the first ground for appeal cannot be accepted.

Meanwhile, the argument in the ground of appeal that the court below erred in incomplete deliberation on mental and physical disability is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the defendant did not state his claim about mental and physical disability as the ground of appeal or that the court below did not

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.