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Main Issues
If the court of final appeal maintains an irregular sentence against the defendant who has attained majority during the period of final appeal
Summary of Judgment
The judgment of the court of final appeal that maintained the sentence of an irregular sentence on the ground that the defendant became an adult during the mooring of the court of final appeal cannot be reversed.
[Reference Provisions]
Article 54 of the Juvenile Act
Escopics
Defendant
upper and high-ranking persons
Defendant
Defense Counsel
Attorney Kim Sung-hwan
Judgment of the lower court
Gwangju High Court Decision 83No23 delivered on March 10, 1983
Text
The appeal is dismissed.
25 days of detention prior to the rendering of a judgment shall be included in the principal sentence.
Reasons
The defendant and public defender's grounds of appeal are also examined.
According to the timely evidence of the judgment of the court of first instance maintained by the court below, all criminal facts in the judgment of the court of first instance are recognized, there is no evidence in the process of evidence preparation and fact-finding, and the sentence is excessive, and it cannot be a legitimate ground for appeal in this case.
In addition, the judgment of the court of final appeal that maintained the sentence of an irregular sentence on the ground that the defendant becomes an adult during the course of the pending trial does not constitute a ground for reversal of the judgment of the court below.
Therefore, the appeal is dismissed, and part of the detention days prior to the judgment is included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.
Justices Yoon Il-young (Presiding Justice)