A. Whether there exists a violation of the rules of evidence in the judgment of the appellate court constitutes grounds for retrial (negative)

B. Whether a change in a criminal judgment adopted as evidence can be a ground for retrial against the judgment of final appeal (negative)

A. The grounds for final appeal do not constitute a ground for retrial under Article 422 of the Civil Procedure Act, which erred in the rules of evidence selection by mistake in the judgment of final appeal, which is a judgment subject to a retrial, as long as the fact-finding is not an ex officio investigation.

B. The reason why the conviction of the first instance court, which was the basis of the judgment of the first instance court of civil cases 1, 2, and 3, was altered in the second and third instances, is related to the legality of evidence judgment. Thus, the ground for retrial against the judgment of the lower court does not constitute a ground for retrial against the judgment of the lower court.

Articles 422 and 422(1)8 of the Civil Procedure Act

Plaintiff

Defendant

Supreme Court Decision 81Da1146 Delivered on February 9, 1982

The retrial lawsuit is dismissed.

Litigation costs incurred in a retrial shall be borne by the plaintiff.

The grounds for retrial shall be examined.

The summary of the grounds for retrial is that the defendant (the defendant) intentionally induced the plaintiff (the plaintiff; hereinafter the plaintiff; hereinafter the "the plaintiff) to raise a key, and caused the plaintiff's bodily injury to the defendant, exempted his responsibility, and accused the plaintiff as a crime of causing rape, and convicted the plaintiff as a result of investigation. The court of first instance found the plaintiff guilty by evidence such as a false medical certificate, photograph, etc. The judgment of the court of first and second instances of the claim for damages against the defendant due to the cutting and cutting of the plaintiff was confirmed as a result of evidence of the above erroneous result of verification of criminal records, but the above criminal judgment of the court of first and second instances of the court of second instances of the court of second instances of the court of final appeal (the court of final appeal, December 28, 1982), which became final and conclusive by the final judgment of the court of final appeal (the court of final appeal, December 28, 1982).

However, in order to file a lawsuit for a retrial against the judgment of the court of final appeal, it shall be limited to the case where there are the reasons prescribed in Article 422 of the Civil Procedure Act in the proceedings of the court of final appeal or the judgment of the court of final appeal, and unless it is the matter to be examined ex officio, the position of fact-finding shall not be held in the court of final appeal. However, since the judgment of the court of final appeal which is the fact-finding is the fact-finding, and there is an error in violation of the rules of evidence as to the judgment of the court of final appeal which is the fact-finding, it shall not be deemed that there is any reason prescribed in Article 422 of the above Act, since the judgment of the court of final appeal, which is the basis of the judgment of the first, second, and third cases, which is the basis of the judgment of the court of final appeal, is erroneous, and it shall not be deemed that there is a ground for retrial against the judgment of the court of final appeal which is the basis of the judgment of final appeal.

Therefore, the lawsuit of this case is dismissed because it is obvious that the lawsuit of this case is without merit. The costs of lawsuit are assessed against the losing party and it is so decided as per Disposition by the assent of all participating judges.

Justices Kang Jong-young (Presiding Justice)