Main Issues

The method of appeal against a ruling dismissing an application for adjudication or a ruling to refer to adjudication.

Summary of Judgment

An appeal in principle shall not be filed in accordance with Article 262 (2) of the Criminal Procedure Act against the dismissal of an application for adjudication by a high court or a decision to return to trial by the Supreme Court under Article 262 (1) of the same Act: Provided, That an appeal may be filed immediately with the Supreme Court only for the reason that there is a violation of the Constitution, Act, order or rule which affected the trial

[Reference Provisions]

Articles 262 and 415 of the Criminal Procedure Act

Reference Cases

Supreme Court Order 72Mo50 dated August 30, 1972

Re-appellant

Re-appellant

The order of the court below

Daegu High Court Order 85 seconds28 dated September 10, 1985

Text

The reappeal is dismissed.

Reasons

In principle, no appeal shall be filed under Article 262 (2) of the Criminal Procedure Act against the dismissal of an application for adjudication or a decision to return to an adjudication by the High Court under Article 262 (1) of the same Act. However, an immediate appeal may be filed with the Supreme Court only on the ground that there is a violation of the Constitution, Act, order or rule that affected the trial by interpretation of Article 415 of the Criminal Procedure Act. Thus, the reappeal of this case cannot be deemed a legitimate reappeal because it is not asserted on the ground that the said reappeal has violated the Constitution, Act,