beta
Text
All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. While the Defendant served on December 5, 2014 a notice of the receipt of the trial records, etc. on the Defendant’s appeal, the Defendant did not submit the appellate brief within the lawful period for submission of the appellate brief, and the petition of appeal does not contain any grounds for appeal, and even if examining records, the lower court’s ex officio investigation does not find any grounds.
2. Judgment on the prosecutor's appeal
A. The evidence Nos. 1 and 2, which was seized by the defendant from the summary of the grounds for appeal, should be confiscated as an article provided for a criminal act, and the judgment of the court below which omitted the confiscation is erroneous in the misapprehension of legal principles.
B. The lower court did not sentence the Defendant to confiscate evidence Nos. 1 and 2, the seized articles.
However, each of the above confiscated articles is not only subject to voluntary confiscation under Article 48(1) of the Criminal Act, but also Article 457-2 of the Criminal Procedure Act provides that "no more severe punishment than that of the summary order shall be imposed in respect of a case for which the defendant has requested formal trial." As such, it violates the principle of prohibition of disadvantageous alteration (see, e.g., Supreme Court Decision 92Do2020, Dec. 8, 1992) and the principle of prohibition of new pronouncement of confiscation while serving the same as the summary order and the main sentence (see, e.g., Supreme Court Decision 92Do2020, Dec. 8, 1992). Therefore, it is difficult to view that there was
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit, and the defendant's appeal is dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act. It
(Appeal of the accused shall be dismissed by a ruling, but the appeal of the prosecutor shall be also dismissed by a ruling.