Although the court of final appeal has been adult at the time of the court of final appeal, whether the court of final appeal rendered an illegal sentence against a minor at the time of the judgment (affirmative)

The decision of the court of final appeal is to review the legitimacy of the decision at the time of the judgment of the court of final appeal. Therefore, the decision of the court of final appeal against a minor defendant at the time of the judgment of the court of final appeal cannot be deemed an unlawful act even if the defendant becomes

Article 54 of the Juvenile Act

Supreme Court Decision 83Do2557 Delivered on December 27, 1983

Defendant

Defendant

Attorney Jeon Sung-sung

Daegu High Court Decision 85No265 delivered on April 16, 1985

The appeal is dismissed.

The thirty days, from among those pending trial after the appeal, shall be included in the principal sentence.

First of all, considering the evidence of the first instance court's judgment maintained by the court below, it is sufficient to acknowledge the criminal facts in the original judgment, and it cannot be found that the facts were erroneous due to the violation of the rules of evidence and the failure to exhaust all the deliberation, and it is not reasonable to regard the defendant as the amount of punishment in this case sentenced to a short term of one year and one year and six months, which is sentenced to a short term of one year and one year and six months, as a legitimate ground for appeal, cannot be presented.

Then, I will examine the defendant's grounds of appeal and examine the propriety of the decision of the court of final appeal as of the time of the decision of the court of final appeal. Thus, the decision of the court of final appeal to the minor defendant at the time of the decision of the court of final appeal cannot be erroneous even if the defendant becomes an adult during the period of the court of final appeal after the decision of the court of final appeal, and there is no reason to argue that the court of final appeal will be sentenced on the premise that

Therefore, the appeal shall be dismissed, and the part of the number of days pending trial after the appeal shall be included in the principal sentence pursuant to Article 57 of the Criminal Act. It is so decided as per Disposition by the assent of all Justices

Justices Jeon Soo-hee (Presiding Justice)