In the case of juvenile offenders who choose a sentence of life imprisonment for the period of statutory penalty and then reduce their amount to be sentenced to limited imprisonment, the sentence of non-term imprisonment shall be sentenced.

Article 54 (1) of the Juvenile Act, which provides that a juvenile shall be sentenced to a limited term of imprisonment in cases where a sentence of imprisonment is imposed after he/she selects an imprisonment for life from among statutory penalties, does not apply.

Article 54(1) of the Juvenile Act

Supreme Court Decision 85Do318 Decided April 23, 1985

Defendant

Defendant

Attorney Lee Jae-soo

Daegu High Court Decision 86No180 delivered on April 3, 1986

The appeal is dismissed.

The number of detention days after the appeal shall be included in the calculation of the original sentence.

The defendant and public defender's grounds of appeal are also examined.

In the instant case, as seen in the lower judgment, where a sentence of imprisonment is imposed as a result of a discretionary mitigation after choosing an imprisonment for life from among the statutory penalty as stated in the lower judgment, Article 54(1) of the Juvenile Act that provides for the sentence of an irregular sentence to a juvenile is not applicable. Therefore, it is unreasonable to argue otherwise that the lower court erred by violating the law in the lower judgment. Moreover, in light of all the sentencing conditions indicated in the record, the lower court’s sentencing against

Therefore, the appeal is dismissed and part of the detention days after the appeal is included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee B-soo (Presiding Justice)