[검사처분이의에대한재항고][집31(3)형,44;공1983.7.1.(707),999]
Method of Appeal against Quasi-Appeal Decision
With respect to the quasi-appeal decision under Articles 416 and 417 of the Criminal Procedure Act, an immediate appeal may be filed with the Supreme Court immediately on the ground that there is a violation of the Constitution, Act, order, or rule that affected the judgment. This constitutes a reappeal under Articles 419 and 415.
Articles 416, 417, 419, and 415 of the Criminal Procedure Act
Re-appellant
Seoul District Court Order 83 Assistant1 dated March 3, 1983
The reappeal is dismissed.
1. According to the record, the re-appellant is dissatisfied with the prosecutor's disposition on confinement and filed a claim for revocation thereof. Since the court below's dismissal of the appeal is deemed to fall under the reappeal under Article 415 of the Criminal Procedure Act and sent the records of the case to party members, the court below's order as to quasi-appeal under Article 417 of the Criminal Procedure Act shall be examined ex officio as to whether the reappeal becomes the subject of reappeal under Article 416 and Article 417 of the Criminal Procedure Act. According to Article 419 of the Criminal Procedure Act, the provisions of the main sentence of Article 415 of the Criminal Procedure Act shall apply mutatis mutandis to cases where the appeal is filed under Article 415 of the Criminal Procedure Act, but there is no distinction between the main sentence and proviso of Article 415 of the current Criminal Procedure Act and Article 415 of the Criminal Procedure Act, and only an immediate appeal may be filed with the Supreme Court for reasons that there is no violation of the Constitution, law, order or rule No. 415 of the appellate court, which did not affect the judgment's order.
2. Therefore, even after examining the grounds for reappeal in light of the health unit and the record, the prosecutor's disposition of detention cannot be deemed to be illegal confinement in violation of the provisions of the law, and the order of the court below which dismissed the reappeal's quasi-appeal cannot be found to have any grounds for reappeal as stipulated in Article 415 of the Criminal Procedure Act. Thus, we cannot find
3. The reappeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Yoon Il-young (Presiding Justice)