The case where the number of days of detention pending the original judgment exceeds the term of punishment and the number of days of detention after an appeal is not included separately.

Article 57 of the Criminal Act, Article 482 of the Criminal Procedure Act

Defendant

Defendant

Seoul Western District Court Decision 2006No306 decided June 1, 2006

The appeal is dismissed.

The argument that the amount of punishment in the original judgment is excessive shall not be a legitimate ground for appeal in this case where the defendant has been divided in depth as alleged, and even if there exist circumstances such as the defendant's assertion, the defendant has been sentenced to a minor punishment more than 10 years of imprisonment.

Therefore, according to the records, the appeal is dismissed, and it is evident that the number of days of detention included in the first instance court and the judgment of the court below exceeds the term of punishment. Thus, the number of days of detention after the appeal shall not be included separately. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-dam (Presiding Justice)