Even if the defendant was a juvenile, it is not a case where the statutory penalty falls under Article 54 of the Juvenile Act, and it is justifiable for the first instance court judgment to have sentenced a fixed term sentence of imprisonment for seven years by choosing a life imprisonment for the prescribed term and reducing the attempted punishment.

Even if the defendant is a juvenile, if the statutory penalty is death penalty or life imprisonment, it does not correspond to Article 54 of the former Juvenile Act (amended by Act No. 4057 of Dec. 31, 88). Thus, it is justifiable that the judgment of the court of first instance sentenced a life imprisonment during the prescribed period and sentenced a fixed term sentence for seven years by mitigation of attempted punishment.

Article 54 of the Juvenile Act

A

Jeju District Court Decision 69No83 delivered on July 3, 1969, Decision 69No83 delivered on July 3, 1969

The appeal is dismissed.

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

The gist of the grounds of appeal by the defendant and state appointed defense counsel is that the defendant did not intend to kill the victim B, but the victim gets dead at taxi rate, and therefore, the victim scam scam scam scam scam scamscamscamscamscamscamscams and scamscam scamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscams 7 years. The court below acknowledged the defendant who is a juvenile and erred in misunderstanding of facts, unfair sentencing and application of the Juvenile Act or self-defense Act as misunderstanding of facts, since the judgment of the court of first instance maintained by the court below for seven years and sentenced the defendant to imprisonment with prison labor, it cannot be a legitimate ground of appeal in light of the provisions of Article 383 of the Criminal Procedure Act. According to Article 54 of the Juvenile Act, the court's sentence of punishment of Article 138 of the above is justified.

We cannot accept this issue.

Therefore, the appeal shall be dismissed by the assent of all participating judges, and 70 days of detention after the appeal shall be included in the principal sentence in accordance with Article 57 of the Criminal Code. It is so decided as per Disposition.

Judge Han-dong (Presiding Judge) of the Supreme Court