by the Supreme Court of Korea

“ As to the Grounds of Appeal No.1 An impossible crime refers to a case where there is no possibility for a criminal result to occur or for legal interest to be infringed due to the nature of the criminal act (refer to Supreme Court Decision 98Do2313 delivered on October 23, 1998) . ”

“ Disposition The appeal shall be dismissed. The eighty-five days out of the total detainment days after the filing of the appeal shall be counted as part of the imprisonment term imposed as a main penalty. ”