Protective disposition against juvenile offenders and court's discretion

It is a matter to be judged at the discretion of judge to determine whether there is a reason to be subject to a protective disposition according to the result of the trial of the accused case against the juvenile.

Article 32 of the Juvenile Act

Supreme Court Order 66Do1109 Decided October 4, 1966 (Gong1986,891) 86Mo8 Decided May 19, 1986

Defendant

Defendant

Attorney Lee In-hee

Msan District Court Decision 90No496 delivered on July 4, 1990

The appeal is dismissed.

95 days under detention after an appeal shall be included in the original sentence.

The grounds of appeal by defense counsel are examined.

In short, in light of the Defendant’s age, educational background, character and conduct, family environment, and the means and consequence of each crime, etc., a protective disposition should be imposed rather than a sentence imposed on the Defendant. As such, the judgment of the lower court that sentenced the Defendant to a protective disposition should be reversed and the Defendant changed to a protective disposition. As such, the lower court’s determination of the sentence against the Defendant is unreasonable.

However, as in the instant case, with respect to a judgment on which a short-term one year imprisonment was sentenced for a short term of ten months, as in the instant case, it cannot be viewed as the grounds for appeal on the grounds that the sentencing of a sentence is unreasonable, and it is not reasonable to conclude that the court, which deliberated on the Defendant’s case, recognizes the existence of grounds falling under a protective disposition based on the result thereof, at the discretion of the judge (see, e.g., Supreme Court Decisions 66Do109, Oct. 4, 196; 19. May 19, 1986; 86Mo8

Therefore, the defendant's appeal shall be dismissed, and part of the detention days after the appeal shall be included in the original sentence of the first instance judgment. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jae-sung (Presiding Justice)