Whether the number of reduction or exemption of punishment is a necessary reason for reduction or exemption

Even if the court below did not have to take into account the number of punishment, it cannot be said that the court below erred by failing to take into account the sentencing.

Article 52 (1) of the Criminal Act

Supreme Court Decision 82Do2628 Delivered on December 28, 1982

Defendant and Appellant for Custody

Defendant and Appellant for Custody

Attorney Shin Jae-chul

Seoul High Court Decision 85No3157,85No397 Decided February 27, 1986

The appeal is dismissed.

The period of detention pending trial after appeal shall be included in the imprisonment for thirty-five days.

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal No. 1 and the Defendant’s public defender’s ground of appeal

Even if the court below did not necessarily take into account the punishment, it cannot be said that the court below erred by failing to reduce the punishment by taking account of the determination of punishment (see Supreme Court Decision 82Do2628, Dec. 28, 1982). Furthermore, since the court below reduced the punishment by taking account of the fact that the defendant was led to a voluntary mitigation, it cannot be said that there is any disadvantage to the defendant merely because the defendant did not treat the punishment by self as the theory of lawsuit. Therefore, the argument is groundless.

2. In this case where the defendant's second ground of appeal was sentenced to a two-year imprisonment with prison labor for the defendant, the sentencing of the defendant is unfair is not a legitimate ground of appeal, and the period of protective custody can not be mitigated because the period of protective custody is statutory. Thus, all arguments are groundless.

3. Therefore, the appeal is dismissed, and part of the days of detention after the appeal is to be included in the imprisonment under Article 57 of the Criminal Act. It is so decided as per Disposition by the assent of all participating judges.

Justices Park Jong-dong (Presiding Justice)