The case holding that if the term of imprisonment was reduced from one year to ten months by imprisonment, the sentence cannot be deemed to have been changed disadvantageously even if the amount of the fine is equal to the amount of the fine and the period of custody of the fine was expired.

The case holding that if the term of imprisonment with prison labor is reduced from one year to ten months, it cannot be deemed that the amount of the fine is equal to the amount of the fine and the period of custody of the fine has expired, the sentence was not changed disadvantageously.

Article 368 of the Criminal Procedure Act

Defendant

Defendant

Seoul High Court Decision 93No1905 delivered on September 23, 1993

The appeal is dismissed.

The ninety days of detention days after an appeal shall be included in the principal sentence for the first crime as judgment of the court of first instance.

We examine the Defendant’s grounds of appeal.

1. If the evidence of the first instance court maintained by the court below is examined closely in light of the records, we affirm the judgment of the court below that recognized the defendant's crime of this case, and there is no error of law that affected the conclusion of the judgment due to violation of the rules of evidence or incomplete deliberation as stated in the judgment below.

2. In applying the principle of prohibition of disadvantageous change to the defendant, it is not necessary to examine it individually and formally, but to make a decision in full and in substance. The court below accepted part of the defendant's appeal and sentenced the defendant to imprisonment for one year, 5,000,000 won, 20,000 won per day, 1 year and 1 year and 20,000 won, 20,000 won, and 3 or 7 years of imprisonment for the crime as provided in the decision of the court of first instance, and the part concerning the crime as provided in the decision of the court of first instance, 2 years of imprisonment for the crime as provided in the decision of the court of first instance, and 3 or 7 years of imprisonment for the crime as provided in the decision of the court below, and sentenced the defendant to imprisonment for 10,000 won per day, 10,000 won or more, and 3 or 7 years of imprisonment for the crime as stated in the decision of the court below. In light of the opinion that the reduction of imprisonment with respect to the crime 2 crimes as stated above, the sentence of imprisonment has no reason.

3. In this case where a sentence of less than 10 years of imprisonment is imposed, the argument that the sentence of the court below is too unreasonable cannot be a legitimate ground of appeal. Therefore, the argument about this point is without merit.

4. Therefore, the appeal shall be dismissed and the ninety days of detention days after the appeal shall be included in the principal sentence as to the crime No. 1 of the judgment of the court of first instance. It is so decided as per Disposition by the assent of all participating Justices.

Justices Ansan-man (Presiding Justice)