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(영문) 대구고법 1981. 2. 17.자 81초5 형사부결정 : 항고
[재판집행에대한이의신청사건][고집1981(형특),28]
Main Issues

The case where the objection to trial execution is deemed reasonable;

Summary of Judgment

Any prosecutor's disposition that leads the execution of a sentence according to the order of a clearly written judgment that is a clerical error shall not be subject to revocation by improper means.

[Reference Provisions]

Article 489 of the Criminal Procedure Act

New Secretary-General

Applicant

Subject Decision

Daegu High Court (80No749)

Text

In the case of violations of the Daegu High Court 80No749 against the applicant by the Prosecutor of the Supreme Prosecutors' Office, and the Punishment of Violences, etc. Act, the disposition that the public prosecutor of the Supreme Prosecutors' Office directed the execution of the punishment on the short-term one year and six months of imprisonment on December 9, 1980 and the long-term two years of imprisonment on September 25, 1980 shall be revoked.

Reasons

Examining the records of this case, the applicant shall be sentenced to imprisonment with prison labor for a short term of one year and six months from July 2, 1980 from the Daegu High Court (80No749), a certified copy of the Supreme Court Decision 80Do2606 from the applicant's name, a certified copy of the appellate brief in the applicant's name, a certified copy of the appellate brief in the name of the public prosecutor of the Supreme Prosecutors' Office concerning the applicant for the preparation of the Supreme Prosecutors' Office, a certified copy of the appellate brief in the name of the non-indicted public prosecutor in the name of the public prosecutor of the Supreme Prosecutors' Office concerning the applicant for the preparation of the Daegu Prison prison facilities, and criminal records concerning the applicant. On September 25, 1980, the applicant shall be sentenced to imprisonment with prison labor for a short term of one year and two years from the Daegu High Court (80No749) and imprisonment with prison labor for a prolonged term of one year and one year and six months from the High Court (15 days from the total number of days of detention in the High Court).

Therefore, the contents of the final and conclusive judgment on the applicant are clear that it is a short-term one year and one year and six months (15 days in total of the number of days of confinement in the original detention). Accordingly, regarding the execution of the said judgment, dispositions taken by the prosecutor of the Supreme Prosecutors' Office to direct the execution as a short-term one year and six months of imprisonment on December 9, 1980 by the prosecutor of the Supreme Prosecutors' Office as a long-term one year and two years of imprisonment on December 9, 1980 shall not be revoked unfairly. Thus, it is so decided as per Disposition under Articles 489 and

Judges Yoon Young (Presiding Judge) Lee (Presiding Judge)

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