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Main Issues
Calculation of Number of Detention Days and court discretion
Summary of Judgment
Whether the whole number of days of pre-trial detention should be included in the principal sentence or not, as long as the number of days of pre-trial detention should be counted naturally, belongs to the discretion of the judgment court.
[Reference Provisions]
Article 57 of the Criminal Act, Article 482 of the Criminal Procedure Act
Reference Cases
Supreme Court Decision 66Do280 Decided April 12, 1966; 49Do269 Decided April 22, 1969
Escopics
Defendant
upper and high-ranking persons
Defendant
Defense Counsel
Attorney Lee Nam-hoon
Judgment of the lower court
Gwangju High Court Decision 83No63 delivered on April 28, 1983
Text
The appeal is dismissed.
The thirty days, from among those pending trial after the appeal, shall be included in the principal sentence.
Reasons
The grounds of appeal by the defendant and his/her defense counsel are also examined.
Examining the evidence cited by the court of first instance by comparing the records, the court below's decision that recognized each crime against the defendant at the time of the first trial against the defendant is just, and it cannot be deemed that there was an error of finding a crime without any evidence in violation of the rules of evidence, and even if the records are recorded, it is not deemed that the defendant had the ability, ability, decision-making, or weak condition to distinguish the object under the influence of alcohol at the time of the crime of this case. Furthermore, as long as the number of days of pre-trial detention should be calculated naturally, the issue of whether the whole number of days of pre-trial detention should be included in the original sentence or only part of the number of days of pre-trial detention belongs to the discretion of the court of final judgment. Thus, in this case where only the defendant appealed, the court below's decision that only 7
Therefore, the appeal is dismissed, and it is so decided as per Disposition by the assent of all participating judges by applying Article 57 of the Criminal Act and Article 24 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young