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The appeal is dismissed.
75 days of detention after an appeal shall be included in the calculation of the original sentence.
Reasons
The defendant and public defender's grounds of appeal are also examined.
1. The prohibition of disadvantageous alteration under Article 368 of the Criminal Procedure Act shall not be sentenced to a more severe punishment than that of the judgment of the court of first instance in a case where the defendant appealed, and since the inclusion of days of pre-trial detention under Article 57 of the Criminal Act in the whole should not be necessarily included in the law, the judgment below included only part of the days of detention before the judgment was rendered, and there
2. Examining the reasoning of the judgment below in light of the records, we affirm the judgment of the court below that the defendant was not in a state of mental disorder or mental disability at the time of committing the crime of this case, and there is no error of law by misunderstanding the legal principles as to mental disorder
3. In this case where a minor sentence of imprisonment with prison labor for more than ten years has been imposed, the reason why the amount of punishment is unreasonable shall not be a legitimate ground for appeal.
Therefore, the appeal shall be dismissed, and 75 days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.