The legality of the appellate brief invoked by the summary of the arguments and the statement of reasons for appeal as the grounds of appeal (=additional law)

The grounds of appeal shall be specified by citing facts expressed in the records of trial and the examination of evidence by the court of original judgment. Therefore, the grounds of appeal citing the summary of pleadings and the grounds of appeal submitted by the court of first instance and the court of original judgment

Article 379 of the Criminal Procedure Act

Supreme Court Decision 75Do1882 Delivered on January 31, 1976

Defendant

Defendant

Seoul Criminal Court Decision 82No3994 delivered on October 29, 1982

The appeal is dismissed.

We examine the Defendant’s ground of appeal No. 1.

The defendant, who submitted by the counsel of the court of first instance and the court below, uses the appellate brief of 8.23th of June 29, 1982 as the grounds of appeal of this case. However, the grounds of appeal should be specified by citing facts expressed in the records of trial and the examination of evidence by the court below. Thus, the defendant's assertion of the above appellate brief and the grounds of appeal cannot be a legitimate ground of appeal (see Supreme Court Decision 75Do1882 delivered on January 13, 1976).

We examine the second ground for appeal.

Examining the trial evidence of the first instance court cited by the judgment of the court below in comparison with the records, the court below is justified in finding the facts constituting the crime against the defendant, and there is no violation of law as to recognizing the facts constituting the crime without any evidence such as the theory of lawsuit.

All the arguments are without merit.

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

Justices Kim Young-ju (Presiding Justice)