In the event that juvenile offenders choose a death penalty or imprisonment for life and then sentence a limited term of imprisonment is imposed, whether a sentence of non-term imprisonment shall be imposed (negative)

Article 54 of the Juvenile Act provides that when a juvenile commits a crime punishable by imprisonment for a maximum term of two years or more, a sentence of maximum and short term shall be imposed within the maximum term of the statutory penalty. Thus, Article 54 of the Juvenile Act provides that where the statutory penalty is imposed for a defendant as a result of choice of death penalty or imprisonment for life among the statutory penalty and discretionary mitigation, Article 54 of the same Act does not apply.

Article 54 of the Juvenile Act

Supreme Court Decision 83Do210 Decided April 26, 1983 Supreme Court Decision 85Do318 Decided April 23, 1985

Defendant

Defendant

Attorney Lee Dong-chul

Seoul High Court Decision 85No62 delivered on March 21, 1985

The appeal is dismissed.

The number of detention days after the appeal shall be 35 days included in the original sentence.

The grounds of appeal are examined.

1. In light of the records, the evidence of the first instance judgment can be reviewed and sufficiently confirmed that there was a criminal intent to kill the defendant at the time of the crime of this case. Therefore, it is just that the criminal defendant was committed for murder. The theory of misunderstanding the facts against the rules of evidence and misunderstanding of facts is without merit, because there was no criminal intent to murder.

2. The judgment of the court of first instance, which maintained the judgment of the court below, ruled that the defendant shall be punished by imprisonment with prison labor for not more than 10 years, on the ground that the defendant's judgment falls under Article 250 (1) of the Criminal Act, and that the defendant's judgment falls under Article 250 (1) of the Criminal Act, and there are reasons to choose the prescribed life imprisonment and take into account the circumstances.

The theory of lawsuit contains Article 54 of the Juvenile Act and Article 54 of the same Act provides that when a juvenile commits a crime punishable by imprisonment for a limited term of at least two years, the punishment for a limited term shall be determined and sentenced within the scope of the statutory term. However, if the statutory term is determined as a result of the choice of death penalty or imprisonment for life and the reduction of the amount of punishment, Article 54 of the same Act provides that the punishment for a limited term of imprisonment shall not be applied (see, e.g., Supreme Court Decision 83Do210, Apr. 26, 1983; 85Do318, Apr. 23, 1985).

3. In light of the records, since the sentence of 10-year imprisonment imposed on the defendant is deemed to be more severe, the theory of lawsuit on this point cannot be adopted.

Therefore, the appeal shall be dismissed, and part of the number of days of confinement in the court room shall be aggregated. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Chang-chul (Presiding Justice)