In the case of juvenile offenders who choose a sentence of imprisonment for life during the period of statutory punishment and reduce their amount to be sentenced to limited imprisonment, whether the sentence of imprisonment for a limited term is to be sentenced (negative)

Article 54(1) of the Juvenile Act provides that a sentence of an irregular term under Article 54(1) shall be imposed when a crime corresponding to a limited term of two or more years is committed on the basis of a statutory penalty, not a prison term, rather than a prison term. As such, where the statutory penalty, like robbery and rape, is imprisonment for life or for ten or more years, if the crime of robbery and rape, is committed by a limited term after choosing life imprisonment as a matter of the above statutory penalty, and is sentenced to limited imprisonment, it is limited to life imprisonment, and there is no room to apply Article

Article 54(1) of the Juvenile Act

Supreme Court Decision 83Do210 Delivered on April 26, 1983

Defendant

Defendant

Attorney Kim Jong-soo

Daegu High Court Decision 84No1548 delivered on January 15, 1985

The appeal is dismissed.

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

The grounds for appeal by the Defendant and the defense counsel are also examined. The punishment for an irregular term under Article 54(1) of the Juvenile Act is to be imposed when a crime corresponding to a limited term of two or more years is committed, based on the statutory penalty, not the applicable sentences, rather than the applicable sentences. As such, where the statutory punishment, like the crime of robbery, is imprisonment for life or for ten or more years, such as imprisonment for life, if a limited term is imposed after the choice of life imprisonment among the above statutory punishment, the statutory punishment is limited to life imprisonment, and there is no room for applying Article 54 of the Juvenile Act.

The judgment of the court below to the same purport is just and wrong, and there is no ground to argue that the decision of the court below is excessive since the decision of the court below is not a legitimate ground for appeal in this case where a sentence of less than 10 years has been imposed.

Therefore, the appeal shall be dismissed, and 60 days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)