B. The meaning of "the original judgment" under Article 420 subparagraph 4 of the Criminal Procedure Act

B. Article 420 subparag. 4 of the Criminal Procedure Act refers to the judgment of another cited in recognizing the facts that have been adopted as evidence among the reasons in the original judgment and constitute the crime.

1. Article 420 subparagraph 5 of the Criminal Procedure Act "a crime more severe than a crime recognized in original judgment" is a separate crime from a crime for which the original judgment has been recognized, and where a public prosecution can be dismissed for the same crime as a crime whose statutory penalty refers to a minor crime, it does not constitute a minor crime. Therefore, the argument on this issue is without merit.

2. "Judgment of the original judgment" in subparagraph 4 of the same Article refers to the judgment of the other cited in recognizing the facts which were adopted as evidence among the reasons in the original judgment and which became the crime. The re-appellant's appeal against co-defendant in the original judgment and the judgment of the final appeal against the co-defendant in the original judgment are clearly stated in the record that the judgment of the appellate court and the final appeal against the co-defendant in the original judgment were not adopted as evidence during the original judgment

3. Therefore, the reappeal of this case is without merit, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-dong (Presiding Justice)