In a case where only the prosecutor appealeds the judgment of the first instance on the grounds of unfair sentencing, whether the defendant who did not appeal may file an appeal on the grounds of mistake of facts or violation of law (negative)

In a case where only the prosecutor appealed the judgment of the first instance on the ground of unfair sentencing, and the defendant did not appeal, the defendant may not make an appeal on the ground of mistake of facts or violation of Acts and subordinate statutes.

Articles 383 and 384 of the Criminal Procedure Act

Supreme Court Decision 87Do1561 delivered on December 8, 1987 (Gong1988, 303) 90Do1688 delivered on October 10, 1990 (Gong1990, 230) 90Do276 delivered on February 26, 1991 (Gong191, 1120)

Defendant

Defendant

Attorneys Jeong Tae-soo et al.

Suwon District Court Decision 91No17 delivered on June 5, 1991

The appeal is dismissed.

We examine the grounds of appeal.

According to the records, it is evident that only the prosecutor filed an appeal against the judgment of the first instance on the ground of unfair sentencing, and the defendant did not file an appeal. In such a case, the defendant cannot be deemed as the grounds for appeal on the grounds of mistake of facts or violation of Acts and subordinate statutes as alleged (see, e.g., Supreme Court Decisions 87Do1561, Dec. 8, 1987; 90Do1688, Oct. 10, 199; 90Do2276, Feb. 26, 1991).

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

Justices Kim Yong-sung (Presiding Justice)