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(영문) 대법원 2021.4.2. 2020모2561 결정

관할이전기각결정에대한재항고

Cases

2020Mo2561 Re-appeal against a ruling of the previous dismissal by the competent court

Re-appellant

J. J. J. Appellant

The order of the court below

Seoul High Court Order (Chuncheon) 2020 early 1 July 28, 2020

Date of decision

April 2, 2021

Text

The reappeal is dismissed.

Reasons

The grounds of reappeal are examined.

No appeal may be made against a decision on litigation procedures before the court's jurisdiction or judgment, except in cases where an immediate appeal is allowed (Article 403(1) of the Criminal Procedure Act). However, there is no provision that an immediate appeal may be filed against a decision dismissing an application before the court's jurisdiction. Therefore, the re-appellant cannot appeal against the order of the original court. In addition, even upon examining records, there is no violation of the Constitution, Acts, orders or rules that affected the judgment of the

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

April 2, 2021

Judges

Justices Kim Jae-sik, Counsel for the defendant

Justices Min Min-young

The chief Justice Justice shall mobilized

Justices Noh Tae-ok

심급 사건
-서울고등법원춘천재판부 2020.7.28.자 2020초기1
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