1. A change in indictment may also be made in an appellate court because a prosecuted case does not have the nature of the criminal appellate trial as an ex post facto trial only by the current law;

(2) In light of the above legal principles and records, the prosecutor applied for the amendment of the Act on Special Cases Concerning the Punishment of Specific Crimes to Article 35 of the Criminal Act, and the court below permitted the amendment of the Act on Special Cases Concerning the Punishment of Specific Crimes to Article 35 of the Criminal Act at the court below which appealed only from the defendant and the person who requested the attachment order (hereinafter referred to as "the defendant") on September 25, 2008. According to the records, the prosecutor applied for the amendment of the Act on Special Cases Concerning the Punishment of Specific Crimes to Article 3 of the Criminal Act. In light of the above legal principles and records, only the applicable provisions concerning repeated crimes among the applicable provisions to the defendant are modified, and the basic factual relations cannot be deemed to be exceeded the identity of the charges, and there were significant disadvantages to the defendant's exercise of his/her right to defense due to the amendment of the

Since the court below did not appear to have practically infringed the defendant's right to a trial at the appellate court, the court below's permission to amend the above indictment is just, and there is no error in the misapprehension of legal principles as to the modification of indictment and permission in the appellate court, as alleged in the

2. With respect to a case for which an attachment order is requested, if the defendant files a final appeal against the case, the appeal shall be deemed filed regarding the case for which the attachment order is requested.

However, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection in the petition of appeal.

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