Main Issues

Article 489 of the Criminal Procedure Act, meaning of "court which has pronounced a trial"

Summary of Judgment

Article 489 of the Criminal Procedure Act refers to the court that has sentenced the defendant to the punishment, and the court that has dismissed an appeal against the judgment that has sentenced the punishment is not the court.

[Reference Provisions]

Article 489 of the Criminal Procedure Act

Reference Cases

Supreme Court Order 82 elementary25 Dated January 9, 1969

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Defendant

Escopics

Applicant

Text

This request shall be dismissed.

Reasons

The court which has pronounced a judgment under Article 489 of the Criminal Procedure Act, which provides for the motion as to this case, refers to the court that has sentenced the defendant to a punishment, and the court that has dismissed an appeal against a sentence. Thus, it is clear that the motion in this case received by a party member other than the court under the provisions of the same Act is an illegal application and thus dismissed by the assent of all participating judges