The decision of the court of final appeal regarding whether the person who was a minor at the time of the decision of the court of final appeal but has been adult;

Since 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, the decision of the court of final appeal against a minor at the time of the judgment of the court of final appeal is not erroneous even if the minor becomes adult during the period of the

Articles 2 and 54 of the Juvenile Act

Supreme Court Decision 83Do2557 delivered on December 27, 1983, 85Do1053 Delivered on July 9, 1985

Defendant

Defendant

Attorney Park Jong-hoon

Seoul High Court Decision 85No890 delivered on June 13, 1985

The appeal is dismissed.

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

First of all, we examine the grounds for appeal by a state appointed defense counsel. The court below held that the defendant could have been under the influence of alcohol at the time of committing the crime of this case by compiling evidence at the time of the judgment of the court of first instance maintained by the court below, but it does not seem to have reached the state of mental and physical disorder. It is just in the measure and there is no ground for appeal, as it is not possible

Next, we examine the defendant's grounds of appeal, and examine the case of this case for which the sentence was sentenced for a short term of two years and six months, and a long term of three years, with respect to the defendant's imprisonment, it cannot be a legitimate ground of appeal in light of the provisions of Article 383 of the Criminal Procedure Act, and the object of the trial at the court of final appeal is to examine the legitimacy of the decision at the time of the judgment at the court of final appeal. Therefore, the decision at the court of final appeal against the minor defendant at the time of the judgment at the court of final appeal cannot be a violation of law even if the defendant becomes an adult

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

Justices Jeon Soo-hee (Presiding Justice)