Article 55 (Right to Inspect Trial Records of Defendant) of the Criminal Procedure Act and Article 24 (Inclusion of Number of Detention Days before and after Appeal) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings on the Grounds that there is an error in the calculation of the original sentence among the detention days before the judgment is based on the judgment of the case (negative)

Article 55 (Right of Defendant to Inspect Trial Records) and Article 24 (Inclusion of Number of Detention Days before Judgment) of the Criminal Procedure Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. (Calculation of Number of Detention Days before Judgment) are in violation of the Constitution, does not serve as a premise for the judgment of the case of application for correction of judgment that is erroneous in the calculation of the original sentence among the detention days

Article 107(1) of the Constitution of the Republic of Korea; Article 41 of the Constitutional Court Act; Article 55 of the Criminal Procedure Act; Article 24 of the Act on Special Cases concerning the Promotion, etc

The motion for correction of the judgment of this case shall be dismissed, and the motion for proposal shall be dismissed.

Since the application for the correction of the judgment in this case cannot be deemed to have any obvious error in the part included in the original sentence by applying Article 24 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings among the decision 91Do307 delivered on April 12, 1991, the application for the correction of the judgment in this case shall be dismissed. According to Article 41 of the Constitutional Court Act, the court can request the Constitutional Court to adjudicate on the unconstitutionality of the judgment only when the law is contrary to the Constitution, and the issue of whether Article 55 of the Criminal Procedure Act (the right to inspect the trial records of the accused) and Article 24 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (including the number of detention days before the judgment after filing the appeal)

Therefore, since a request for an objection to unconstitutionality is unlawful, it is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Woo-soo (Presiding Justice)