Decision of forwarding the Juvenile Department and discretion of the judge;

After examining the criminal defendant's case of the juvenile under the provision of Article 46 of the Juvenile Act, whether there is a reason to forward the case to the juvenile department under the jurisdiction of the Juvenile Act is a judge's discretion.

Article 46 of the Juvenile Act

Supreme Court Order 198Mo60 Decided October 30, 1969

Re-appellant

Attorney Kim Tae-tae

Seoul High Court Order 1986.26, 85No2909

The reappeal is dismissed.

The summary of the grounds for re-appeal is that the court below did not declare the defendant not guilty and sent the case to the Seoul Family Court Juvenile Department without finding any evidence to acknowledge the facts charged of this case, but the court below's determination of whether there are grounds for a protective disposition to forward the case to the juvenile department under Article 46 of the Juvenile Act after hearing the criminal defendant's criminal case against the juvenile under the provision of Article 46 of the Juvenile Act is a matter to be decided by the judge at his discretion. Meanwhile, even if examining the records of the case in detail, it is not difficult to acknowledge the facts charged of robbery bodily injury against the defendant, and there is no reason to see that the court below determined the case as the case falling under the protective disposition and did not have taken the same disposition as the original decision beyond the scope of discretion. Therefore, the argument is groundless

It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Jae-hee (Presiding Justice)