[특정범죄가중처벌등에관한법률위반][집34(2)형,343;공1986.7.15.(780),890]
Whether there is a ground for retrial against a judgment dismissing an appeal which is currently pending due to arrest of a criminal defendant.
A request for retrial against a final judgment dismissing a final judgment shall be allowed only when the final judgment itself has the grounds provided for in Article 420 subparag. 1, 2, and 7 of the Criminal Procedure Act. As such, with respect to the judgment of the original final appeal which was not established by evidence as to the facts constituting the defendant's case in the merits, the criminal defendant after the original judgment is arrested, and a request for retrial cannot be made on the ground that it is currently pending trial
Article 421(1) of the Criminal Procedure Act
Supreme Court Order 75Hu4 Decided March 24, 1976
Appellants
Supreme Court Decision 85Do1805, 85Do258 Decided October 22, 1985
The request for retrial is dismissed.
According to the records, the request for retrial in this case is a request for retrial against the final judgment of the court of final appeal dismissing a final appeal against the judgment of the court of final appeal which maintained the judgment of the court of final appeal which affirmed the judgment of the court of final appeal which convicted the claimant, and the summary of the reasons for the request is arrested after the original judgment and currently is in progress. Thus, it is obvious that it constitutes a ground for retrial under Article 420 subparag. 5 of the Criminal Procedure Act, which
However, a request for retrial against a final and conclusive judgment dismissing a final and conclusive judgment shall be allowed only when there are grounds stipulated in Article 420 subparag. 1, 2, and 7 of the Criminal Procedure Act (Article 421(1) of the same Act). Thus, the original final and conclusive judgment, which was not established by evidence as to the facts constituting the offense of the Defendant on the merits of the case, shall not be requested on the ground of the same reasons as the theory of the lawsuit. Thus, the request for retrial in this case constitutes a case in violation of the legal method, and is so decided as per Disposition by the assent of all participating judges in accordance with Article
Justices Lee Jae-hee (Presiding Justice)