Part of the Prosecutor’s Appeal on the Grounds of Sentencing

Even in cases where a sentence of death penalty or imprisonment with or without prison labor for an indefinite term or for not less than ten years is imposed on the accused, a public prosecutor under the interpretation of Article 383 subparagraph 4 of the Criminal Procedure Act may not appeal against the accused on the ground that such

Article 383 subparag. 4 of the Criminal Procedure Act

Supreme Court Decision 81Do2898 delivered on January 19, 1982 (Gong1982, 278) 87Do1807 delivered on October 13, 1987 (Gong1987, 1752) 90Do1624 delivered on September 25, 199 (Gong190, 2241)

A and one other

Prosecutor

Attorney B

Seoul High Court Decision 94No405 delivered on May 27, 1994

The appeal is dismissed.

The Prosecutor's grounds of appeal are examined.

Even in cases where a sentence of death penalty or imprisonment with or without prison labor for an indefinite term or for not less than ten years is imposed on the accused, a public prosecutor may not appeal against the accused on the ground that the punishment is extremely weak in light of the interpretation of Article 383(4) of the Criminal Procedure Act. Since the opinion of a party member (see, e.g., Supreme Court Decision 90Do1624, Sept. 25, 190), it cannot be accepted to discuss that life imprisonment for Defendant A and the amount of the original judgment sentenced to 15 years imprisonment for Defendant C is extremely unreasonable.

Therefore, the prosecutor's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Sung-sung (Presiding Justice)