야간주거침입절도등
The summary appeal is dismissed.
The summary grounds of appeal are examined.
According to Article 372 of the Criminal Procedure Act, a non-permanent appeal may be filed only when the facts recognized by the judgment of the court of first instance do not apply to such facts, or when there is a mistake in the application of Acts and subordinate statutes, or when there is a abolition, alteration or amnesty of punishment after the judgment of the court of first instance is rendered. The term "when there is an error in the application of Acts and subordinate statutes" refers to the case where the court of first instance
(see, e.g., Supreme Court Decision 2006Do9338, Mar. 15, 2007). However, the grounds asserted by the Defendant as the grounds for final appeal are too unreasonable, and thus, it cannot be a legitimate ground for final appeal.
Therefore, the summary appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.