Part of appeal by the defense counsel after the defendant's right to appeal has expired.

A person who has waived an appeal may not re-appeal the case in accordance with Article 354 of the Criminal Procedure Act, and after the right of appeal of the defendant has been extinguished, a defense counsel may not make an appeal.

Articles 376(1), 354, and 341 of the Criminal Procedure Act

Supreme Court Order 83Mo41 Decided August 31, 1983

Re-appellant

Attorney Lee Jae-il

Seoul Criminal Court Order 86No2139 dated June 7, 1986

The reappeal is dismissed.

The grounds for appeal stated in a written appeal shall be deemed to have been filed.

A person who has waived an appeal cannot re-appeal the case pursuant to Article 354 of the Criminal Procedure Act, and a defense counsel cannot appeal the case after the defendant's right to appeal has expired. In this case, the defendant renounced his right to appeal after the judgment of the appellate court was rendered, and thereafter his defense counsel withdraws the defendant's expression of intent to waive the appeal, and the court below is justified to dismiss the appeal in accordance with Article 376 (1) of the Criminal Procedure Act, deeming that this appeal was filed after the expiration of the right to appeal. The theory of lawsuit is without meriting the order of the court below on its own opinion.

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

Justices Park Jong-soo (Presiding Justice)