If the number of days pending trial of lower courts exceeds the period of principal punishment, the non-Inclusion of days pending trial

Where the total number of days of detention exceeds the term of punishment for the original sentence at the time of the sentence of the original judgment, the number of days of detention after appeal shall not

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

Supreme Court Decision 76Do3056 Decided October 29, 1976

Defendant

Defendant

Gwangju District Court Decision 82No1193 delivered on December 31, 1982

The appeal is dismissed.

The gist of the grounds of appeal is that the appeal was filed in order to wait for the stay of execution set forth in the final judgment which was pronounced guilty prior to the judgment of conviction, but that point is not a legitimate ground of appeal, so the appeal is dismissed as it is without merit.

In addition, according to the records, since the number of days of pre-trial detention by means of finance, finance and statutory inclusion exceeds the term of the original sentence, the number of days of pre-trial detention after the appeal shall not be aggregated.

This decision is delivered with the assent of all participating judges, and it is so decided as per Disposition.

Justices Jeon Soo-hee (Presiding Justice)