The deceased Defendant

Prosecutor Kim Jong-ok

High Military Court Decision 883 delivered on January 10, 1973

The prosecutor's request for retrial is dismissed.

Although Article 472 of the Military Court Act provides that a request for retrial shall be under the jurisdiction of the Supreme Court or the military court which rendered the original judgment, since jurisdiction is premised on jurisdiction, in cases where the military court does not have jurisdiction, such jurisdiction is not the military court which made the original judgment but the general court of the same instance (see Supreme Court en banc Decision 84Do2972 delivered on September 24, 1985).

It is evident that the court does not have jurisdiction over the defendant at present in the military court, and it is evident that the general court corresponding to the former Army, High School, and High School Council was not a member collegiate division (see Seoul High Court Decision 2018Jno140 decided July 25, 2019).

Therefore, the prosecutor's request for retrial violates the legal method and is dismissed in accordance with Article 432 of the Criminal Procedure Act. It is so decided as per Disposition.

Judge Oi-ho (Presiding Judge)