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Main Issues
The decision of the court of final appeal against the defendant who is a minor at the time of the judgment of the court of final appeal cannot be erroneous even if the defendant has attained majority during the trial of final appeal.
Summary of Judgment
Since the decision of the court of final appeal subject to a trial at the time of the judgment of the court of final appeal is to review the legitimacy of the decision, the decision of the court of final appeal to the minor accused at the time of the judgment of the court of final appeal cannot be erroneous even if the accused has
[Reference Provisions]
Article 54 of the Juvenile Act
Defendant-Appellant
Defendant
Judgment of the lower court
Seoul High Court Decision 69No161 delivered on September 11, 1969, Decision 69No161 delivered on September 11, 1969
Text
The appeal is dismissed.
70 days under detention after an appeal shall be included in the original sentence.
Reasons
Defense Counsel's grounds of appeal are as follows.
Upon examining the judgment of the court of first instance supported by the court below, since it can be sufficiently recognized that the defendant had tried to kill the body of the body of the victim, which was the part of the body of the body of the victim, from the time of the first instance court's timely evidence, the court below erred in applying the so-called "the court of first instance," which recognized the above so-called as an attempted murder, or did not contain any tension with the rules of evidence, and the court of first instance should review the legitimacy of the judgment at the time of the judgment of the court below. Thus, since a minor who was sentenced as a minor at the time of the judgment of the court below became the majority and the decision of the court of first instance is not erroneous, the court of second instance
Therefore, the appeal shall be dismissed, and 70 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 judges.
Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng