[업무방해·건조물침입·폭력행위등처벌에관한법률위반·상해·폭행][공2000.6.15.(108),1342]
In a case where the appellate brief contains only a mistake of facts or a violation of the legal principles without a specific and explicit explanation of the reasons, whether legitimate grounds of appeal can be deemed to have been submitted (negative)
The court of final appeal may investigate and determine only within the extent of filing an appeal based on the grounds of final appeal. As such, the grounds of final appeal clearly state the grounds of final appeal in detail and clearly as to which part of the judgment below is in violation of the laws and subordinate statutes. Thus, without the aforementioned specific and explicit grounds, the appellate brief submitted by the appellant merely states in the grounds of final appeal only that there exists a violation of the rules of evidence or misapprehension of the legal principles as to what kind of evidence is in violation of the judgment below's grounds of final appeal shall not be deemed a legitimate ground of final appeal.
Article 383 of the Criminal Procedure Act
Supreme Court Decision 63Do316 Decided December 12, 1963 (No. 11-2, 54) Supreme Court Decision 83Do887 Decided May 24, 1983 (Gong1983, 1044)
Defendant 1 and 10 others
Defendants
Changwon District Court Decision 9No1273 delivered on November 23, 1999
Each appeal shall be dismissed.
The grounds of appeal are examined.
The court of final appeal may investigate and determine only within the extent of filing an appeal based on the grounds of final appeal. As such, the grounds of final appeal should be specified in the statement of reasons for final appeal specifically and explicitly as to which part of the judgment below is in violation of the law. Thus, without the aforementioned specific and explicit reasons, the appellate brief submitted by the appellant is merely stated in the judgment of the court below that there is a violation of the law of mistake or misapprehension of the legal principles. However, the case like this case is merely stated in the grounds of final appeal, the court did not assert any specific reasons as to what kind of evidence is against the rules of evidence, and whether there was any error in the application of any law or any error in the application of any statute, and thus, it cannot be deemed that the legitimate grounds of final appeal have been submitted (see Supreme Court Decision 83Do8
Furthermore, even if the evidence of the first instance court cited by the court below was examined by comparing it with the records, the court below is just in finding each criminal facts of the defendants in its judgment, and there is no erroneous determination of facts or misapprehension of legal principles that should be examined ex officio.
The argument in the grounds of appeal is not accepted.
Therefore, each appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Yong-woo (Presiding Justice)