Main Issues
Cases not falling under the meaning of Article 488 and Article 489 of the Criminal Procedure Act or reasons for filing an objection
Summary of Judgment
As to the execution of the decision of a case which became guilty, the assertion that the number of days of detention of the case which has been acquitted should be aggregated on the grounds that other cases which have res judicata effect have become final and conclusive upon the judgment of acquittal does not constitute meaning under Articles 488 and 489 of the Criminal Procedure Act or reasons for objection.
[Reference Provisions]
Articles 488 and 489 of the Criminal Procedure Act
Re-Appellant, Defendant
Re-appellant
United States of America
Seoul Criminal Court Order 79Hun-248 Dated October 18, 1979
Text
The reappeal is dismissed.
Reasons
The Re-Appellant's grounds of reappeal are examined.
Article 488 of the Criminal Procedure Act applies to cases where the purport of the judgment is not clear and there is a doubt in its interpretation. The prosecutor's improper disposition on the execution of the judgment under Article 489 of the same Act refers to cases where the public prosecutor's disposition on the execution of the judgment under the provisions of the Criminal Procedure Act is illegal and thus it does not constitute an assertion that the content of the judgment itself is unfair. As to the execution of the judgment which became final and conclusive as guilty, the argument that the number of days pending trial in the case which was acquitted for reasons that other cases which have res judicata effect are final and conclusive as to the execution of the judgment which became final and conclusive as to the judgment of acquittal does not constitute a meaning or reason under Articles 488 and 489 of the Criminal Procedure Act, and it is just and justified to dismiss the Re-Appellant's significance and objection, and there is no error of law such as the theory of lawsuit, and in the case of a habitual comprehensive crime, it cannot be applied to the provisions of the law of concurrent crimes like the theory of lawsuit, and there is no error in all of law.
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Il-young (Presiding Justice)