Number of detention days and necessary inclusion;

When a defendant's public prosecution is reversed, if it can be detained before pronouncement of the judgment of the court below, all or part of the indictment shall be included in the original sentence against the defendant in accordance with Article 57 of the Criminal Act.

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

Defendant

Busan District Court of the first instance, Busan District Court of the second instance, Daegu High Court

We reverse the original judgment.

A defendant shall be punished by imprisonment for two years.

Of detention days before sentencing, 30 days in the first instance and 40 days in the original sentence shall be included in the original sentence against the accused.

The lower court’s ground of appeal on the Defendant’s attorney’s strict benefit by the Defendant

Recognizing the fact that the injury was caused by death and injury, the expert witness Nonindicted Party 2's written expert testimony was accepted with respect to an acute private person at the level of the injury, and according to the written expert testimony, Nonindicted Party 1's wife came to be the lower part of the 5th left portion of the actual side of the 5th side of the 5th side of the 5th side of the 4th side of the 0th side of the 0th upper half of the 1. upper half of the 1. upper half of the 2nd half of the 1. upper half.

According to Non-Indicted 3's testimony (Records No. 173 et al.) which is the mother of the Mali Kim Kim Charter, it is a medical common sense that he would lose awareness or lose physical functions at the site of brain 2,3,4 among the flusiums, and that he opened a door at the 9:0 p.m. 13 p.m. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. 1 and s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s.). s. s. s. s. s. s. s. s. s.

However, according to the evidence cited by the court below, the theory that it is sufficient to recognize the facts of crime at the time of original judgment and that there is an error of a serious mistake of facts or a trial failure in the original judgment is nothing more than a premise of the original judgment. Thus, it is groundless, or ex officio, the court below acknowledged that the first instance court's decision was justifiable in this case where two years of imprisonment was sentenced to the defendant, and dismissed the defendant's prosecution, but it is obvious that the defendant is 58 days of detention before the sentence, according to the records, in accordance with Article 57 of the Criminal Act, the court below should inevitably include all or part of the detention days in the original sentence against the defendant under Article 57 of the Criminal Act, and it is affected by the original judgment. Accordingly, since there is a violation of Article 57 of the same Act, which does not apply to this case, and this appeal eventually leads to a violation of the original judgment, and therefore, it is sufficient to reverse the original judgment by this case's records, and it constitutes a violation of Article 391 (2) of the Criminal Procedure Act and Article 369 (3) of the same Act.

Justices Kim Byung-ro (Presiding Justice)