2017Do13023 homicide

2017 Jeondo89 (Joint Attachment Orders)

A

Prosecutor

Attorney T (Korean Charter)

Daegu High Court Decision 2017No256, 2017 Jeonno34 decided August 10, 2017

October 26, 2017

All appeals are dismissed.

The grounds of appeal are examined.

1. Defendant case

The argument that the lower court’s determination of sentencing erred by incomplete deliberation on the basic facts of sentencing, by logical rules and empirical rules, by mistake in fact, constitutes an allegation of unfair sentencing. However, in interpreting Article 383 Subparag. 4 of the Criminal Procedure Act, a prosecutor may not claim the grounds for appeal that the lower court’s determination of sentencing is minor (see, e.g., Supreme Court Decision 2005Do1952, Sept. 15, 2005).

2. As to the case of the claim for attachment order

If a prosecutor files an appeal against a prosecuted case, the case for which a request for attachment order is filed is deemed to have been filed. However, the appellate brief does not state the grounds for appeal and the appellate brief does not contain any statement of grounds for appeal as to this part.

3. Conclusion

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

Supreme Court Decision 200

Justices Cho Jong-hee

Chief Justice Kim Jong-il

Justices Cho Jae-chul