Whether a legal representative's right to file a complaint is inherent and the time the period for filing a complaint begins.

The right of a legal representative to file a complaint under Article 225 (1) of the Criminal Procedure Act is given to his/her legal representative for the protection of an incompetent person, so he/she may file a complaint regardless of whether the right of a victim to file a complaint is extinguished, and the period for filing a complaint shall run from

Article 225(1) of the Criminal Procedure Act

Defendant

Defendant

Attorney Lee Young-young

Seoul High Court Decision 84No696 delivered on June 14, 1984

The appeal is dismissed.

The forty days of detention after the appeal shall be included in the original sentence.

We examine the grounds of appeal.

As to the Defendant’s grounds of appeal No. 2

According to the evidence adopted by the court of first instance as cited by the court below, the facts charged in the judgment against the defendant can be sufficiently recognized, and there is no error of misconception of facts due to the violation of the rules of evidence, such as the theory of lawsuit, and the incomplete hearing.

We cannot accept this issue.

With respect to the First Ground for Appeal by a state appointed counsel:

The right to file a complaint by a legal representative under Article 225(1) of the Criminal Procedure Act is given to a legal representative for the protection of an incompetent person, and thus, it should be understood that the legal representative can file a complaint regardless of whether the victim's right to file a complaint is extinguished or not. In the same purport, the court below is just in holding that the legal representative's complaint of this case is lawful on the ground that the legal representative's period of filing a complaint should proceed from the date he/she becomes aware of the offender, and there is no error of law by misapprehending

We cannot accept the conclusion of the judgment of the court below in a different opinion.

Therefore, the appeal is dismissed, and part of the detention days after the appeal is included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.

Justices O Sung-sung(Presiding Justice)