The inclusion of days of detention in the principal sentence and the discretion of the court;

If the number of days of pre-trial detention should be counted naturally, not by law, but by law, the whole or part of the days of pre-trial detention should be counted in the principal sentence.

Article 57 of the Criminal Act

Defendant

Seoul Criminal District Court Decision 68No2180 decided Feb. 1, 1969

The appeal is dismissed.

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

The grounds of appeal by the defendant are examined,

The summary is that the court below's decision to include the amount of punishment in the original sentence only by 85 days out of the number of detention days at the court below is unfair, since the facts constituting the crime in this case are recognized and the circumstances leading to the commission of the crime in this case are stated.

However, as long as the number of days of pre-trial detention should be counted as a matter of course in the case of law, whether the whole amount of days of pre-trial detention should be counted as the sentence or not belongs to the free discretion of the court of judgment. However, in this case where it is evident that only the defendant appealed, the court below's decision that only 85 days of pre-trial detention should be counted as the principal sentence cannot be deemed unlawful on the ground that the court below made a judgment that only the 85 days of pre-trial detention should be counted as the part of the days of pre-trial detention, and there are circumstances such as the theory of lawsuit, and even if the defendant committed the principal offense as reasons for the same,

Therefore, it is so decided as per Disposition with the assent of all participating judges.

Supreme Court Judge Lee Young-subop (Presiding Judge)