Whether the reason for sentencing is unlawful unless the judgment is specified daily;

If the court below sentenced the dismissal of appeal on the ground that the sentencing conditions such as the motive for the crime, the instrument and method of the crime, the character, conduct, criminal records, age, occupation and environment of the defendant are appropriate, the court below did not err in the misapprehension of law as to the grounds on which the sentencing conditions are attached.

Article 51 of the Criminal Act, Article 39 of the Criminal Procedure Act

[Plaintiff-Appellant] Plaintiff 1 et al. (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

Defendant

Attorney Kim Dong-hwan, Counsel for defendant

Seoul Criminal Court Decision 94No2446 delivered on September 14, 1994

The appeal is dismissed.

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

The grounds of appeal by the defendant and the public defender are also examined.

In the case of this case where only the defendant appealed against the defendant on the grounds of unfair sentencing with respect to the judgment of the court of first instance which sentenced the imprisonment of 2 years and 6 months, the court below sentenced the dismissal of the appeal on the ground that considering the motive of the crime of this case, the instrument and method of the crime of this case, the character and conduct of the defendant, criminal records, age, occupation and environment, etc., the court below held that the sentence of the first instance is appropriate. As to the grounds for sentencing which are the conditions for sentencing, the court below did not err in the misapprehension of law as to the grounds for sentencing (see, e.g., Supreme Court Decision 69Do1782, Nov. 18, 1969).

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

Justices Jeong Jong-ho (Presiding Justice)