beta
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The judgment below
Examining the evidence duly adopted by the first instance court, the lower court’s determination that all the charges of this case were guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules.
With respect to the grounds for appeal ex officio, the court of appeals shall judge without any need to examine whether or not the grounds for appeal are submitted if the appeal is lawful, or whether or not the grounds for appeal are included in the statement of reasons for appeal. However, with respect to those other than the grounds for ex officio investigation, it shall be subject to adjudication only where it is contained in the petition of appeal or in the statement of reasons for appeal submitted within the prescribed period unless it is stated in the petition of appeal, and if it is not included in the statement of reasons for appeal, it may be judged ex officio (see Supreme Court Decision 2007Do4310, Jul. 24, 2008, etc.). According to the records, the defendant may only assert the mistake of facts based on the grounds for appeal while filing an appeal against the judgment of the first instance, but only at the first trial date which is after the lapse of the period for filing the appeal, the court of appeals
In light of the above legal principles, the defendant's improper argument in sentencing was made only after the lapse of the period for filing an appeal, and thus cannot be a legitimate ground for appeal, and such argument cannot be deemed to constitute a ground for ex officio examination under the proviso of Article 361-4 (1) of the Criminal Procedure Act.
Therefore, the lower court, which did not relate to such a claim as the subject matter of the trial, found the lower court erred.
subsection (b) of this section.
Therefore, the appeal is dismissed. It is so decided by all participating Justices.