Whether Article 344(1) of the Criminal Procedure Act, which provides for a special rule for prisoners in filing an appeal for the submission of a written appeal (negative) can be applied mutatis mutandis to the submission of a written appeal (negative)

Articles 344(1), 355, 430, and 490(2) of the Criminal Procedure Act

Appellant

Seoul High Court Order 63No29 dated April 10, 1963

This appeal is dismissed.

The grounds of appeal by the defendant shall be examined.

However, although there are special provisions such as Article 344(1) of the Criminal Procedure Act with regard to a petition of appeal, there is no such law as to the time of appeal, and therefore, the reason for the petition of appeal is required to arrive at the court of prosecution within the period stipulated in Article 361-3(1) of the same Act. Even if the defendant in domestic custody submitted a written reason for prosecution to the head of prison or a person acting for the head of prison or a person acting for the head of his/her office within the longer period, unless the written reason for the appeal does not arrive at the court of prosecution within the above period, it cannot be said that

Therefore, it is so decided as per Disposition by the assent of all participating judges in accordance with Article 414 (1) of the Criminal Procedure Act.

The judges of the Supreme Court (Presiding Judge) Lee Young-sapon (Presiding Judge) Man-man Man-man Man-man