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(영문) 대법원 1982. 8. 16.자 82모24 결정

[형집행이의기각결정에대한재항고][공1982.10.15.(690),898]

Main Issues

Whether the provisions on appeal concerning the re-appeal procedure shall apply mutatis mutandis

Summary of Judgment

Since the procedure of reappeal under Article 415 of the Criminal Procedure Act does not have any provision in the Criminal Procedure Act, the provisions concerning appeal under Part III, Chapter III, Chapter III, of the same Act shall apply mutatis mutandis according to its nature.

[Reference Provisions]

Article 415 of the Criminal Procedure Act

Re-appellant

Re-appellant

The order of the court below

Seoul Criminal Court Order 82 seconds175 dated July 28, 1982

Text

The reappeal is dismissed.

Reasons

Since the procedure of reappeal under Article 415 of the Criminal Procedure Act does not have any provision concerning the procedure of reappeal under the Criminal Procedure Act, the provisions concerning appeal under Part III Chapter III of the same Act shall apply mutatis mutandis according to its nature. Therefore, the court below's decision to dismiss the reappeal on the ground that the reappeal was filed after the extinguishment of the right to appeal may be illegal. However, even under Article 376 of the same Act, if it is obvious that the reappeal was filed in violation of the legal method or the termination of the right to appeal, even under Article 376 of the same Act, if it is obvious that the reappeal was filed after the extinguishment of the right to appeal, the court below's decision shall dismiss the reappeal by its ruling, which affected the judgment, and the above judgment of the court below's illegality does not affect the judgment, and there is no relation with the grounds for dismissing the reappeal's reappeal, and therefore, it cannot be a legitimate ground for reappeal against the order of the court

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

Justices Yoon Il-young (Presiding Justice)

심급 사건
-서울형사지방법원 1982.7.28.자 82초175
본문참조조문