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Main Issues
The decision of the court of final appeal was a minor at the time of the decision of the court of final appeal but the decision of the court of final appeal was inappropriate.
Summary of Judgment
The decision of the court of final appeal is to review the legitimacy of the decision at the time of the judgment of the court of final appeal. Therefore, the decision of the court of final appeal against a minor at the time of the judgment of the court of final appeal cannot be erroneous even if the defendant becomes adult in the nearest date of the final appeal
[Reference Provisions]
Article 54 of the Juvenile Act
Reference Cases
Supreme Court Decision 85Do2514 Decided January 21, 1986, 86Do700 Decided June 10, 1986, Supreme Court Decision 86Do1036 Decided July 8, 1986
Escopics
Defendant
upper and high-ranking persons
Defendant
Defense Counsel
Attorney Kim Chungcheongnam-jin
Judgment of the lower court
Seoul High Court Decision 86No1919 delivered on September 4, 1986
Text
The appeal is dismissed.
The thirty days, from among those pending trial after the appeal, shall be included in the principal sentence.
Reasons
We examine the grounds of appeal.
(1) As to the Defendant’s grounds of appeal:
The decision of the court of final appeal is to review the legitimacy of the decision at the time of the judgment of the court of final appeal. Therefore, the decision of the court of final appeal against the minor accused at the time of the judgment of the court of final appeal cannot be erroneous even if the accused becomes adult in the nearest date of the trial of final appeal.
(2) As to the grounds of appeal by a public defender:
In this case where a sentence of imprisonment with prison labor for a short term of three years and six months and a long term of four years is sentenced, it is not a legitimate ground of appeal to deem the amount of punishment unreasonable.
(3) Therefore, the appeal shall be dismissed, and part of the days of detention after the appeal shall be included in the principal sentence in accordance with Article 57 of the Criminal Act. It is so decided as per Disposition by the assent of all participating judges.
Justices Kim Jong-sik (Presiding Justice)