Whether a final appeal may be filed for a lack of sufficient deliberation on the circumstances in a case which is not a ground for final appeal.

With respect to a judgment on which one and half years of imprisonment was imposed, it cannot be the grounds of appeal on the grounds that the determination of punishment is unreasonable, nor cannot it be the grounds of appeal on the grounds that the fact-finding court did not properly examine the circumstances under which the sentencing conditions are imposed.

Article 383 subparag. 4 of the Criminal Procedure Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Domin-young and 1 other, Counsel for plaintiff-appellant-appellant-appellant-appellant-appellant-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee

Defendant

Defendant

Attorney Regular Ho-ho et al.

Cheongju District Court Decision 93No502 delivered on November 19, 1993

The appeal is dismissed.

35 days of detention after an appeal shall be included in the calculation of the original sentence.

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

1. If the evidence of the court of first instance admitted by the court below is examined by comparing it with the records, it can be sufficiently recognized that each of the crimes of this case is committed by the defendant, and the judgment below cannot be deemed to have erred by erroneous determination of facts against the rules of evidence, such as the theory of lawsuit,

2. As to the judgment on which one year and six months of imprisonment was sentenced as in the instant case, it cannot be viewed as the grounds of appeal on the grounds that the amount of punishment is unreasonable, and the fact-finding court did not properly examine the circumstances under which the sentencing conditions are imposed (see Supreme Court Decision 90Do1940, Oct. 26, 1990). Thus, there is no ground for appeal.

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

Justices Kim Yong-sik (Presiding Justice)