[간통][공1991.2.15.(890),670]
Grounds for Retrial against a final judgment dismissing an appeal
A request for retrial against a final judgment dismissing a final judgment shall be allowed only when there are grounds under Article 421 (1) of the Criminal Procedure Act, i.e., grounds under Article 420 of the same Act, which are stipulated under Article 420 of the same Act, and grounds under Article 421 (1) 1, 2, and 7 of the same Act. Thus, the fact that there are grounds for retrial under Article 420 (1) of the same Act as to a judgment subject to retrial on the ground that there is no violation
Articles 420 and 421 of the Criminal Procedure Act
Supreme Court Order 75Hun-Ba4 dated March 24, 1976 (Gong1976,9089) dated May 27, 1987 (Gong1987,1422)
Kim Jina Kim
Supreme Court Order 88Do1463 Decided March 14, 1989
The request for retrial is dismissed.
The grounds for request for retrial shall be considered.
1. The judgment subject to a retrial cannot be deemed to have violated Article 12(1) of the Constitution, which provides that a crime of adultery under Article 241 of the Criminal Act constitutes a violation of the freedom of body, and the complaint of this case by the complainant is legitimate unless the facts charged are specified as at the time of the original judgment, and the complaint of this case is legitimate unless it is specified in the facts charged as at the time of the original judgment, and it is not erroneous in the incomplete hearing and in the violation of the rules of evidence as pointed out in
2. A new trial in a criminal trial is allowed in a case where there is a reason falling under any of subparagraphs of Article 420 of the Criminal Procedure Act (hereinafter referred to as the "Act"), and a request for a new trial in a final judgment of conviction is allowed only when there is a reason under Article 421(1) of the Act, namely, a reason under Article 420 of the Act, and any reason under subparagraphs 1, 2 and 7, among the reasons under Article 420 of the Act (see, e.g., Supreme Court Order 75Do4 dated March 24, 1976; Order 87Do4 dated May 27, 198
3. However, the judgment subject to a retrial is dismissed on the ground that the judgment below did not find facts based on evidence and did not err by law.
Therefore, on the ground that there is a ground for a retrial under Article 420 subparag. 1 of the Act, the requester for a retrial cannot be deemed a legitimate ground for retrial against the above judgment subject to a retrial, and the ground that the requester for a retrial claims in the ground for a retrial does not constitute
In addition, the grounds for a request for retrial do not constitute grounds for retrial, which require a public official under Article 420 subparag. 7 of the Act, to have committed a crime relating to his duties, to be proved by a final judgment, or to be proved in lieu of a final judgment under Article 422 of the Act. Therefore, all arguments are groundless
4. Therefore, the request for retrial of this case is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Young-ju (Presiding Justice)