The political party shall have committed an irregular punishment against a minor at the time of closing the appellate trial proceedings.

The sentence of an illegal sentence to a minor defendant at the time of the conclusion of the original trial is justifiable.

Article 54(1) of the Juvenile Act

Defendant

Defendant

Attorney Cho Jin-hwan

Seoul High Court Decision 82No3166, 82No860 Decided January 28, 1983

The appeal is dismissed.

The number of detention days after an appeal shall be 35 days included in the original sentence.

1. We examine the Defendant’s grounds of appeal.

The issue is that the judgment of the court below is unfair and excessive to impose an irregular sentence against the defendant and its sentencing is excessive. However, since it is apparent that the defendant is a minor at the time of the conclusion of argument of the court below, the decision of the court below which sentenced an irregular sentence is just and the decision of the court below which sentenced an unfair sentencing for less than 10 years cannot be a legitimate ground for appeal.

2. We examine the grounds for appeal by a state appointed defense counsel.

The issue is that there was an error of not examining this issue even though the defendant was in the state of mental disorder or mental disorder after being drunk at the time of the crime of this case. However, even after examining the record, the defendant did not see the statement that he had drinking or drinking alcohol to the court of the original trial, and there was no evidence to recognize it as such. Thus, the judgment of the court below is groundless on the ground that there is no ground for the argument.

3. Therefore, the appeal shall be dismissed, and thirty-five 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.

Justices Lee Lee Sung-soo (Presiding Justice)