Although the court of final appeal has continued to be adult, the legality of the non-guilty sentence against a minor at the time of the judgment of final appeal.

The decision of the court of final appeal is to review the legitimacy of the decision at the time of the judgment of the court of final appeal. Therefore, the decision of the court of final appeal against a minor defendant at the time of the judgment of the court of final appeal cannot be deemed an unlawful act even if the defendant becomes

Article 54 of the Juvenile Act

Supreme Court Decision 85Do1053 Delivered on July 9, 1985

Defendant

Defendant

Attorney Choi Han-chul

Seoul High Court Decision 85No2195 delivered on October 31, 1985

The appeal is dismissed.

The thirty-five days, out of those pending trial after the appeal, shall be included in the principal sentence.

First, as to the grounds of appeal by a state appointed defense counsel, the first point is that the defendant was unable to move to the coercion of the non-indicted, and the second point is that the defendant was the first offense as well as the minor, and the judgment of the court below is unreasonable.

However, considering the evidence cited by the judgment of the court of first instance as cited by the court below, it cannot be deemed that the defendant's principal case crime was forced by the non-indicted person, and it cannot be viewed that the defendant's principal case crime was forced by imprisonment with prison labor for a short term of three years or a long term of five years is unfair in the case of this case for which the court of first instance was sentenced to imprisonment with prison labor for the defendant cannot be viewed as legitimate grounds

The following grounds of appeal are to be examined by the Ministry of Health and Welfare as to the defendant's grounds of appeal at the time of the judgment of the appellate court, and the decision of the court of final appeal against the minor defendant at the time of the judgment of the appellate court cannot be erroneous even if the defendant becomes an adult during the period of the trial of final appeal after the judgment of the appellate court. Thus, the judgment of the court of final appeal against the minor defendant at the time of the judgment of the appellate court cannot be erroneous, and there is no reason to discuss. In addition, although the defendant has a considerable number of detention periods, the court of first instance and the court of final appeal may sentence a regular sentence against the defendant as an adult, and although the period

Therefore, the appeal is dismissed, and it is so decided as per Disposition by the assent of all participating judges who decide to include part of the number of days pending trial after the appeal in the principal sentence in accordance with Article 57 of the Criminal Act.

Justices Jeon Soo-soo (Presiding Justice)