Main Issues

Even if the victim withdraws the already filed complaint on behalf of the victim after the victim's referring to the victim's death, it is not a legitimate cancellation of the complaint.

Summary of Judgment

Even if the victim withdraws the already filed complaint on behalf of the victim after the victim died, it is not a legitimate cancellation of the complaint.

[Reference Provisions]

Article 236 of the Criminal Procedure Act

Defendant-Appellant

Defendant

Judgment of the lower court

Seoul High Court Decision 68No473 delivered on March 6, 1969

Text

The appeal is dismissed.

Reasons

In light of the legal counsel's grounds of appeal, if the evidence of the first instance court maintained by the court below was examined based on the records, it cannot be deemed that there was an error in the judgment of the court of first instance which found the facts of the case to the effect that there was no illegality in the judgment of the court of first instance which recognized the facts of the case. In the case where the two-year punishment was imposed on the defendant, it cannot be a legitimate ground of appeal which alleged mistake of facts by the court below. Thus, the victim's non-indicted 1 is an adult woman of 23 years of age at the time of the case, and the above victim's death after the complaint was filed on June 26, 1968 at the court of first instance, which was obvious by the records and theory, and even if the victim's non-indicted 2 had already been revoked on behalf of the victim non-indicted 1 after the death of the victim, this cannot be revoked as a legitimate ground of appeal (Article 26 of the Criminal Procedure Act).