TITLE	Supreme Court en banc Decision 2017Do5977 Decided August 24, 2017¡¼Murder¡½ [full Text]
Summary
[1] Legislative intent of Article 7 (Inclusion of Sentence Executed Abroad) of the Criminal Act Meaning of ¡°an offender who has undergone the whole or partial execution of sentence imposed abroad¡± under Article 7 of the Criminal Act Whether a person accused in a criminal case and detained pending trial for a considerable period before being acquitted in a foreign country falls under the provision thereupon (negative) Whether such period detained before trial can be deemed sentence executed abroad as prescribed by Article 7 of the Criminal Act (negative) Whether the number of days a person charged with a crime in a foreign country was held in pre-trial detention before being acquitted in that country can be counted toward the sentence to be declared in Korea for the same offense through application of Article 7 of the Criminal Act by analogy (negative) [2] In a case where the Defendant: (a) who had been charged with murder in the Philippines was released after a Philippine court rendered a not-guilty verdict; (b) but was prosecuted again in a Korean trial court that sentenced him to imprisonment of ten (10) years; and accordingly, (c) appealed on the ground that Article 7 (Inclusion of Sentence Executed Abroad) of the Criminal Act should be applied for the period exceeding five (5) years when he was detained pending trial abroad, the case holding that: (a) the lower court rejected the Defendant¡¯s claim; and (b) in so doing, did not err by misapprehending the legal principle on the applicability of Article 7 of the Criminal Act

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