Cases
2020Mo2561 Re-appeal against a ruling of the previous dismissal by the competent court
Re-appellant
J. J. J. Appellant
The order of the court below
Seoul High Court Order (Chuncheon) 2020 early 1 July 28, 2020
Date of decision
April 2, 2021
Text
The reappeal is dismissed.
Reasons
The grounds of reappeal are examined.
No appeal may be made against a decision on litigation procedures before the court's jurisdiction or judgment, except in cases where an immediate appeal is allowed (Article 403(1) of the Criminal Procedure Act). However, there is no provision that an immediate appeal may be filed against a decision dismissing an application before the court's jurisdiction. Therefore, the re-appellant cannot appeal against the order of the original court. In addition, even upon examining records, there is no violation of the Constitution, Acts, orders or rules that affected the judgment of the
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
April 2, 2021
Judges
Justices Kim Jae-sik, Counsel for the defendant
Justices Min Min-young
The chief Justice Justice shall mobilized
Justices Noh Tae-ok