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(영문) 대법원 1962. 6. 7. 선고 4294형항45 판결
[형집행이의신립기각결정에대한즉시항고][집10(3)형,001]
Main Issues

Article 489 of the Criminal Procedure Act (hereinafter referred to as "court")

Summary of Judgment

The meaning of the "court which pronounced the judgment which is the competent court for the execution of the judgment"

[Reference Provisions]

Article 489 of the Criminal Procedure Act

New Secretary-General

Applicant 1 and one other

Judgment of the lower court

Seoul High Court

Text

The appeal is dismissed.

Reasons

Article 489 of the Criminal Procedure Act provides that an objection against the grounds that a public prosecutor's disposition on the enforcement is unreasonable shall be filed with the court which pronounced the above judgment, and since it is apparent that the applicants have waived their right to appeal on August 2, 1961, the court which pronounced the above judgment is just a case where a public prosecutor's disposition on the grounds that a public prosecutor's disposition on the enforcement is unreasonable, and in the case where a final judgment on the dismissal of public prosecution or dismissal of public appeal becomes final and conclusive upon the court of first instance, the court of first instance has rendered a judgment on the dismissal of public prosecution on the ground that the public prosecutor's disposition on the grounds that the judgment was final and conclusive upon the waiver of the period of appeal or the waiver of appeal, and the conclusion is the same even in the case where the petitioner's judgment on the dismissal of public prosecution has become final and conclusive upon the motion of the court of first instance, and it is reasonable to dismiss the original decision on the grounds that the court of first instance and the Daejeon District Court's independent decision on the grounds that it is consistent with Article 489 of the Criminal Procedure Act.

The judge of the Supreme Court (Presiding Judge) Ma-Ma-man (Presiding Judge) Ma-man Ma-man Ma-man Ma-man Ma-man Ma-man

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