Whether the fact that a lawsuit was initiated without any judgment on a motion for transfer of a lawsuit constitutes a case where it is difficult to expect the fairness of the trial (negative)

Even if there is a fact that a lawsuit has been initiated without additional judgment on a motion for transfer of a lawsuit, it cannot be said that there is a circumstance where it is difficult to expect the fairness of a trial, which is a cause of judicial evasion.

Article 18 (1) 2 of the Criminal Procedure Act

Re-appellant

Daegu High Court Order 82Ra18 dated August 11, 1982

The reappeal is dismissed.

The grounds of reappeal are examined.

In comparison with the reasoning of the judgment of the court below, even if the court below maintained the decision of the court of first instance that dismissed the judge's motion for challenge of this case, and there is a fact that the lawsuit was proceeded without a provisional judgment as to the motion for transfer of lawsuit, such reasons cannot be deemed to constitute a case where it is difficult to expect the fairness of trial by itself, and such reasons do not constitute a case under Article 11 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings applied mutatis mutandis under Article 13 of the same Act, and they cannot

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

Justices Kang Jong-young (Presiding Justice)