If imprisonment for life is reduced by discretionary mitigation, a copy of the sentence of non-permanent punishment to the minor;

Where a person becomes a limited term as a result of discretionary mitigation after choosing life imprisonment in the statutory penalty, even if the defendant is a minor, the punishment for an irregular term shall not be sentenced.

Article 54(1) of the Juvenile Act, Articles 53 and 55 of the Criminal Act

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

Defendant

Defendant

Attorney Park Jong-sik

Seoul High Court Decision 87No3546 delivered on February 4, 1988

The appeal is dismissed.

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

The defendant and his defense counsel's grounds of appeal are also examined.

According to the evidence of the judgment of the court below and the judgment of the court of first instance cited by the court below, it is sufficiently sufficient to acknowledge the criminal facts of this case against the defendant, and it is not found that the defendant was under the influence of alcohol at the time of the crime, and there is no violation of law by finding out the rules of evidence or failing to exhaust all necessary deliberations

In a case where imprisonment is to be imposed upon a minor as a result of discretionary mitigation after choosing life imprisonment in the statutory punishment, even if the defendant is a minor, the court below is just in having sentenced the minor to imprisonment for a period of 12 years within the scope of the term of imprisonment which has been reduced after choosing life imprisonment among the statutory punishment, and there is no violation of law by misapprehending legal principles as alleged in the record. The court below's punishment against the defendant is reasonable, and there is no obvious reason to recognize that the amount of the punishment is extremely unfair, even when considering the circumstances of all sentencing, including the motive and method of the crime in this case, circumstances after the act, and relationship with the victim, etc. recorded in the record, etc.

All arguments are groundless.

Therefore, the appeal is dismissed, and part of the detention days after the appeal is included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-chul (Presiding Justice)