Whether Article 383 subparagraph 4 of the Criminal Procedure Act is unconstitutional or not.

In a case where an imprisonment or imprisonment without prison labor for less than ten years under Article 383 subparag. 4 of the Criminal Procedure Act is declared, the provisions which make it impossible to become the ground for appeal shall not violate the Constitution.

Article 383 subparag. 4 of the Criminal Procedure Act, Articles 9 and 10 of the Constitution

Supreme Court Decision 71Do1255 Delivered on September 28, 1971

Defendant

Defendant

Attorney Park Ho-sung

Daegu District Court Decision 87No743 delivered on July 20, 1987

The appeal is dismissed.

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

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

With respect to a case on which a defendant was sentenced to imprisonment or imprisonment without prison labor for less than 10 years under Article 383 subparag. 4 of the Criminal Procedure Act, the purport that the sentencing of the court below against the defendant is excessive, or that the provision of the theory of lawsuit against the defendant does not violate the Constitution under the premise that it is against the Constitution (see Supreme Court Decision 71Do1255, Sept. 28, 1971). Accordingly, the argument of unfair sentencing in the instant case cannot be a legitimate ground for appeal, and the purport that the defendant's appeal cannot be a legitimate ground for appeal, and that the defendant's appeal has reached the final appeal without prison labor due to his adultity during the period of appeal cannot be a legitimate ground for appeal. The arguments are without merit.

Therefore, the appeal shall be dismissed and the twenty days of detention days after the appeal shall be included in the principal sentence by applying Article 24 of the Criminal Act to Article 57 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. This decision is delivered with the assent of all participating judges

Justices Lee B-soo (Presiding Justice)