(1) Whether the final appeal is appropriate on the grounds of mistake of facts and heavy sentencing;

In light of the provisions of Article 372 of the Criminal Procedure Act, a mistake of facts in the judgment of the first instance or an excessive sentencing may not be deemed a legitimate ground for appeal.

Article 372 of the Criminal Procedure Act

Defendant and Appellant for Custody

Defendant and Appellant for Custody

Attorney Noh Jeong-sung

Daegu District Court Decision 83 Gohap112,83Ma21 delivered on November 24, 1983

The summary appeal is dismissed.

The fifteen days of detention days after the final appeal shall be included in the imprisonment.

The defendant and his defense counsel's weak grounds of appeal are examined together.

According to Article 372 of the Criminal Procedure Act, when Acts and subordinate statutes are not applied to facts recognized by the judgment of the court of first instance or when there is a mistake in the application of Acts and subordinate statutes and subordinate statutes, when the abolition, alteration or amnesty of punishment is made after the judgment of the court of first instance is rendered, an appeal may be filed without filing an appeal against the judgment of the court of first instance. The theory of lawsuit does not include all the above reasons in the judgment of the court of first instance, but is in violation of misunderstanding of facts and imposition of punishment, and thus,

Therefore, the summary appeal shall be dismissed, and part of the detention days after the summary appeal shall be included in the imprisonment. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Chang-chul (Presiding Justice)