Whether an appellate court’s judgment dismissing an appeal by a defendant on the sole ground of unreasonable sentencing may file an appeal on the ground of mistake of facts or violation of statutes (negative)

With respect to an appellate judgment dismissing an appeal by a defendant on the sole ground of unfair sentencing, the defendant may not file an appeal on the grounds of mistake of facts against the rules of evidence or violation of statutes.

Articles 383 and 384 of the Criminal Procedure Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant)

Defendant

Defendant

Seoul Criminal Court Decision 90No2546 delivered on July 6, 1990

The appeal is dismissed.

As to the Grounds of Appeal:

As in this case, the judgment of the court below, which dismissed the appeal on the ground that only the defendant appealed the judgment of the court of first instance on the ground of unfair sentencing, on the ground that it is groundless, cannot be considered as the grounds for appeal on the grounds of misconception of facts against the rules of evidence or violation of Acts and subordinate statutes (see Supreme Court Decision 87Do1561, Dec. 8, 1987). In this case where the defendant is sentenced to imprisonment with prison labor for less than 10 years and a fine for less than 10 years, there is no legitimate grounds

All of the arguments are without merit, and this appeal is dismissed, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-ju (Presiding Justice)