The appeal is dismissed.

The grounds of appeal are examined.

Article 57 (1) of the Criminal Code provides that "or some" portion of the Constitutional Court has become invalid as a decision of unconstitutionality of the 2007HunBa25 decided June 25, 2009.

Therefore, since the whole number of days of pre-trial detention is naturally included in the principal sentence as a matter of law, it is unnecessary to separately determine matters concerning the inclusion of days of pre-trial detention in judgment.

(see Supreme Court Decision 2009Do11448, Dec. 10, 2009). On a different premise, the argument in the grounds of final appeal is unacceptable.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.