Main Issues

Method of appeal against a decision on permission for addition, withdrawal or change of facts of lawsuit or applicable provisions of law;

Summary of Decision

A decision on the litigation procedures prior to the judgment cannot be lodged unless an immediate appeal may be filed specifically. A decision on permission for the addition, withdrawal, or change of facts of lawsuit or applicable provisions of Acts shall be made prior to the judgment. Thus, a decision on permission for the addition, withdrawal, or change of the provisions of Acts shall be made prior to the judgment. Thus, only where an error committed in making such a decision has influenced the judgment, the parties may not file an appeal independently against it, except

[Reference Provisions]

Articles 298 and 403 of the Criminal Procedure Act

Re-appellant

Prosecutor

Escopics

Defendant

The order of the court below

Gwangju District Court Order 86No1200 dated March 6, 1987

Text

The reappeal is dismissed.

Reasons

The theory of lawsuit is that the decision of the court below which did not permit the prosecutor's modification of the bill of indictment is erroneous in the misunderstanding of legal principles as to the scope of permission prior to the judgment. However, the decision on permission for addition, withdrawal, or modification of facts charged or applicable provisions of law cannot be appealed except in cases where an immediate appeal can be filed in particular. Thus, the decision on permission for addition, withdrawal, or modification of facts charged or applicable provisions of law is a decision on the procedure prior to the judgment. Thus, only where the error committed in the decision affected the judgment, the parties cannot appeal independently, except in cases where an appeal has been lodged.