Whether a defendant may file an appeal against an appellate judgment rendered on the ground of unfair sentencing by a prosecutor on the ground of mistake of facts or violation of law (negative)

In a case where only the prosecutor appealed against the judgment of the first instance on the ground of unfair sentencing, and the Defendants did not appeal, the Defendant may not make a mistake of facts, a violation of the rules of evidence, an incomplete hearing, or a ground for violation of law.

Articles 383 and 384 of the Criminal Procedure Act

Supreme Court Decision 90Do2978 delivered on March 27, 1991 (Gong1991, 1317) Supreme Court Decision 91Do1796 delivered on December 24, 1991 (Gong1992, 718) Supreme Court Decision 94Do2134 delivered on February 3, 1995 (Gong195Sang, 1195)

Defendant 1 and one other

Defendants

Attorney final00 et al.

Busan High Court Decision 96No13 delivered on April 25, 1996

All appeals are dismissed.

The grounds of appeal are also examined.

According to the records, it is evident that the prosecutor only appealed the judgment of the first instance on the ground of unfair sentencing and the Defendants did not appeal. Thus, in such a case, the defendants cannot appeal the grounds for appeal against mistake of facts, violation of the rules of evidence, incomplete hearing, or violation of Acts and subordinate statutes, which are cited as the grounds for appeal (see Supreme Court Decisions 90Do2978 delivered on March 27, 191; 91Do1796 delivered on December 24, 191). The grounds for appeal cannot be accepted.

Therefore, all appeals by the Defendants are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-chul (Presiding Justice)