In the event that the court of final appeal has continued to be an adult but the decision of the court below was made as at the time of the decision

Since the object of a trial in the final appeal is to review the legitimacy of the decision at the time of the decision of the court below, even if a minor who was sentenced to an irregular term of punishment at the time of the decision of the court below became the majority during the period of the final appeal, the decision of the court below cannot be

Article 54 of the Juvenile Act

Supreme Court Decision 85Do2514 Decided January 21, 1986

Defendant

Defendant

Attorney Lee Jong-chul

Daegu High Court Decision 86No135 delivered on April 16, 1986

The appeal is dismissed.

The thirty-five days of detention days after the appeal shall be included in the original sentence.

1. We examine the Defendant’s grounds of appeal.

The defendant filed a written statement with the intent to withdraw the appeal, but it is difficult to submit a written consent of the parents who should be attached to a minor, and thus, it is difficult to view that the number of days of detention pending the appeal was included in the original sentence as well as the number of days of detention pending the appeal is included in the original sentence.

2. We examine the grounds for appeal by a state appointed defense counsel.

Since the subject of a trial by the court of final appeal is to review the legitimacy of the decision at the time of the decision of the court below, even if a minor who was sentenced to an irregular term of punishment at the time of the decision of the court below became the majority during the period of the decision of the court of final appeal, it cannot be said that the decision of the court of final appeal is unlawful, and in the case where the short term sentence of punishment like this in this case is declared, it cannot be said

3. Therefore, the appeal shall be dismissed, and a part of the detention days after the appeal shall be included in the original sentence by applying Article 57 of the Criminal Act and Article 24 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.

Justices Kim Jong-sik (Presiding Justice)