살인등
The motion for retrial of this case is dismissed.
1. According to the records on the determination of the judgment subject to a retrial, the claimant was sentenced to the first instance court's Busan District Court's branch court's decision (2003Dahap140, 245, 2014GaGa1, 2014) to 15 years imprisonment with prison labor and medical treatment and custody for murder on February 7, 2004, etc., and each claimant and prosecutor appealed against the first instance court's decision, but on May 18, 2014, the appellate court's Busan High Court (132,2014NoNo6, 6, 2014, hereinafter referred to as "the judgment subject to a retrial") that all appeals of both parties were dismissed (hereinafter referred to as "the judgment subject to a retrial"), and it is recognized that the judgment of the first instance court was finalized on June 6, 2014 as the claimant and prosecutor did not appeal against the judgment subject to a retrial.
2. The assertion and judgment of the requester for retrial
A. Although the first instance court and the judgment subject to a retrial have become final and conclusive in the judgment subject to medical treatment and custody by asserting that the claimant is placed on the medical treatment and custody, this would result in an exaggeration or alteration of the symptoms of mental illness, such as making a false statement as if he/she had the symptoms of exchange, even though the claimant was given a mental appraisal for the purpose of obtaining favorable results in sentencing.
Nevertheless, the judgment subject to a review was limited.
A requester shall wish to return to a general prison, other than a medical treatment and custody center.
B. In light of the above, a new trial in a criminal procedure is intended to correct the error of mistake of facts against a final judgment of conviction and relieve the defendant who was disadvantaged thereby, or the reason for such request is provided for in each subparagraph of Article 420 of the Criminal Procedure Act. The above reasons asserted by the requester for a new trial do not constitute any of the grounds for a new trial under each subparagraph of Article 420 of the Criminal Procedure Act.
In addition, according to Article 421, Paragraph 1, Article 421 of the Criminal Procedure Act, the dismissal judgment such as the judgment subject to a review is based on the grounds of Article 420, Paragraph 1, 2, and 7 of the same Act, namely, the false preparation of documents and the witness.