Whether it is unlawful in the event that the sum of the total sum of the principal sentence, the number of days of detention before the court of first instance, the number of days of detention before the court of appeal, the number of days of inclusion in court under Article 482 of the Criminal Procedure Act,

Even if the total number of days of detention prior to the rendering of a judgment in the first instance and the total number of days of statutory inclusion under Article 482 of the Criminal Procedure Act in an appellate court exceeds the original sentence, it cannot be deemed unlawful.

Article 57 of the Criminal Act, Article 482 of the Criminal Procedure Act

Prosecutor

Daejeon District Court Decision 65No453 delivered on January 18, 1966, Daejeon District Court Decision 65No453 delivered on January 18, 196

The appeal is dismissed.

The gist of the grounds of appeal by the prosecutor of the Daejeon District Public Prosecutor's Office is that the defendant is sentenced to six months of imprisonment for the so-called violation of the Livestock Products Processing Act, and one hundred and twenty days of pre-trial detention prior to the judgment of the court of first instance is aggregated. Since the court below reversed the judgment of the court of first instance, since the number of days of pre-trial detention in the court of first instance pursuant to Article 482 of the Criminal Procedure Act is 115 days, the total number of days of pre-trial detention in the court below pursuant to Article 482 of the Criminal Procedure Act is 235 days if the above total number of days exceeds 5 days, which is 235 days and is 482 of the Criminal Procedure Act. This is

However, the case of inclusion of the number of days of pre-trial detention under Article 57 of the Criminal Act is sentenced in the disposition of judgment. The portion of the prescribed number of days of pre-trial detention, which was sentenced, is the law excluded from the execution of sentence from the beginning, and the whole number of days of pre-trial detention after an appeal is to be included in the sentence under Article 482 of the Criminal Procedure Act, not the sentence, but the sentence is to be executed in the execution of sentence. Thus, it is a law that excludes the whole number of days of pre-trial detention under the same Article. Thus, even if the number of days of pre-trial detention under the same Article exceeds or does not coincide with the number of days of pre-trial detention, even if the number of days of pre-trial detention and the number of days of pre-trial detention under Article 482 of the Criminal Procedure Act are included in the punishment, the above total number of days of pre-trial detention can not be executed, and therefore, the appeal is without merit.

Therefore, this decision is delivered with the assent of all Justices who participated in accordance with Article 390 of the Criminal Procedure Act.

Justices of the Supreme Court (Presiding Judge)