Article 489 of the Criminal Procedure Act, meaning of "court which has pronounced a trial"

Article 489 of the Criminal Procedure Act refers to the court that has sentenced the defendant to the punishment, and the court that has dismissed an appeal against the judgment that has sentenced the punishment is not the court.

Article 489 of the Criminal Procedure Act

Supreme Court Order 82 elementary25 Dated January 9, 1969

Defendant

Applicant

This request shall be dismissed.

The court which has pronounced a judgment under Article 489 of the Criminal Procedure Act, which provides for the motion as to this case, refers to the court that has sentenced the defendant to a punishment, and the court that has dismissed an appeal against a sentence. Thus, it is clear that the motion in this case received by a party member other than the court under the provisions of the same Act is an illegal application and thus dismissed by the assent of all participating judges

Justices Yoon Il-young (Presiding Justice)