Application for the correction of the judgment to seek a not-guilty verdict or a reversal and return;

Article 400 of the Criminal Procedure Act provides that the court of final appeal shall have an opportunity to re-examine whether there is an error in the contents of the judgment itself in consideration of the fact that the court of final appeal is a final judgment, and shall not re-examine the case by re-examineing the procedure of the trial. Thus, it cannot be a legitimate reason for applying for a correction of the judgment, where the court of final appeal declares not guilty or requests correction of the judgment to re-examine the case to the high court.

Article 400(1) of the Criminal Procedure Act

Supreme Court Order 81 seconds60 Delivered on October 5, 1981

Applicant

Supreme Court Decision 83Do612 Decided May 10, 1983

The motion for correction of judgment is dismissed.

In light of the grounds for the applicant’s application of this case, even though the Defendant did not have any crime as to the facts charged, the judgment of conviction became final and conclusive by the Supreme Court Decision 83Do612 Decided May 10, 1983, and thus, the Defendant either declares the Defendant or revises the judgment to transfer the instant case to the Seoul High Court. A correction of the judgment prescribed in Article 400 of the Criminal Procedure Act is a final judgment of the court of final appeal, taking into account the fact that the judgment of the court of final appeal does not have the length of correction by appeal, the court has an opportunity to review again whether there is error in the contents of the judgment itself, and thus, it is clear that the ground for filing the lawsuit cannot be a legitimate ground for filing the application for correction of the judgment.

Therefore, the motion of this case is dismissed and it is so decided as per Disposition with the assent of all participating judges.

Justices Lee Il-young (Presiding Justice)