Where a death penalty is specially reduced for life, whether it shall be included in the execution period of one of the requirements for parole, as long as the period of waiting for the execution of imprisonment for life from the beginning is applied (negative)

Inasmuch as detention for execution of a sentence is not a pre-trial detention, but a period of execution of a sentence is not limited to the period of imprisonment without prison labor, and the effect of a special reduction of a sentence is limited to the change of the period of execution of a sentence, and thus, in cases where a death penalty is specially reduced for life, the period of imprisonment for life retroactively from the date when the judgment of the death penalty becomes final and conclusive, and thus, the initial date in calculating the term of imprisonment for life cannot be recognized as the date when the judgment of the death penalty becomes final and conclusive, and there is no room to regard the initial date in calculating the term of imprisonment for life as the period of pre-trial detention or the period of execution of a sentence is changed to the period of execution of a sentence. In addition, the special reduction

Articles 72, 84(1), 5(1)4, 5(2), and 14 of the Criminal Act;

Re-appellant

Seoul High Court Order 89 seconds40 dated October 10, 1990

The reappeal is dismissed.

The grounds of reappeal are examined.

Article 84(1) of the Criminal Act provides that "the period of punishment shall be calculated from the date when the judgment becomes final and conclusive" with regard to the date when the sentence of death penalty is to be imposed for life, and the date when the sentence is to be imposed is not separately provided for in the Act regarding the date when the sentence is to be imposed. The detention for the execution of death penalty is not a pre-trial trial, but a period of execution of the sentence is not limited to the time when the sentence is to be executed, and the effect of the sentence is to be changed by the sentence of this case (Article 5(1)4 and (2) of the Amnesty Act). Thus, there is special reduction of punishment in this case (Article 5(1)4 of the Amnesty Act). Thus, it cannot be deemed that the date when the term of imprisonment for life is to be calculated retroactively from the date when the judgment of the death penalty of this case becomes final and, therefore, it cannot be deemed that the term of imprisonment for life is to be changed to the period of imprisonment for life or the execution of the sentence. In addition, special reduction of imprisonment is made by investigation of the prison (Article 14 of the Act).

Therefore, the court below's decision to the same purport is justified and there is no error in the misapprehension of legal principles, such as theory of lawsuit, since the waiting period for execution of a sentence, which is one of the requirements for parole, shall not be included again in the execution period of a sentence.

All arguments are groundless.

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

Justices Choi Jae-ho (Presiding Justice)