Although the court of final appeal has continued to be an adult, whether the court of final appeal rendered an illegal sentence against a minor at the time of the judgment below.

(affirmative)

The decision of the court of final appeal is to review the legitimacy of the decision at the time of the decision of the court below. Thus, the decision of the court below cannot be deemed unlawful on the ground that a minor who was sentenced to an irregular term of punishment at the time of the decision of the court below became the majority during the period of the final appeal

Article 54 of the Juvenile Act

Supreme Court Decision 83Do2557 delivered on December 27, 1983, 85Do1053 Delivered on July 9, 1985

Defendant

Defendant

Attorney Jin-young

Seoul High Court Decision 85No2241 delivered on October 23, 1985

The appeal is dismissed.

The thirty-five days of detention days after the appeal shall be included in the original sentence.

The grounds of appeal by the defendant and the public defender are also examined.

In this case, the judgment of a court of final appeal, which was sentenced to imprisonment for less than 10 years, cannot be deemed as the ground of final appeal on the ground of unfair sentencing under the Criminal Procedure Act. Moreover, since the object of final appeal is to review the propriety of the judgment at the time of the judgment of the court of final appeal, it cannot be deemed as unlawful on the ground that the minor who was sentenced to an illegal term imprisonment at the time of the judgment of the court of final appeal became an adult during the period of the

Therefore, the appeal is dismissed, and part of the number of days pending trial after the appeal is included in the principal sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices O Sung-sung(Presiding Justice)