The appeal shall not be filed after the lapse of the period for filing the appeal that has waived the right to appeal by deception, and the appeal shall be recovered.

Although the waiver of the right to appeal is made by deception, it cannot be re-appeal pursuant to Article 354 of the Criminal Procedure Act, and the recovery of the right to appeal is claimed by the person who was unable to file an appeal within the period of appeal due to a cause not attributable to himself/herself. Therefore, even if the re-appellant becomes aware only after the period for filing an appeal that he/she renounced the right to appeal by deception of the defendant was excessive, such circumstance does not constitute a cause not attributable to the re-appellant.

Articles 345 and 354 of the Criminal Procedure Act

Re-appellant

Attorney Park Young-ho

Seoul Criminal Court Order 84Ro11 dated June 2, 1984

The reappeal is dismissed.

The grounds of reappeal are examined.

According to the grounds of re-appeal, it is clear that the Re-Appellant waived the right to appeal against the Re-Appellant's Seoul Criminal District Court Decision 84Kadan1362, which was the Seoul Criminal District Court Decision 84Kadan1362, was invalid or cancelled as it was by the deception of co-defendant. Since the Re-Appellant became aware after the period of appeal expires, the Re-Appellant's claim for recovery of appeal can not be filed within the period of appeal due to any cause not attributable to the Re-Appellant, that is, the claim for recovery of appeal should be permitted, but the order of the court below which maintained the decision of the first instance court without permission is erroneous in the legal principles as to recovery of appeal right.

However, the judgment of the court below that dismissed the Re-Appellant's appeal with the same purport is not a cause for which the Re-Appellant cannot be held liable, since the judgment becomes final and conclusive due to the waiver of the right to appeal, and even if the waiver of the right to appeal was made by deception, it cannot re-appeal pursuant to Article 354 of the Criminal Procedure Act even if it was made by deception, and the recovery of right of appeal is claimed by the person who was unable to appeal within the period of appeal due to a cause not attributable to himself/herself.

Therefore, this decision is delivered with the assent of all participating judges.

Justices Lee Il-young (Presiding Justice)