In a case where an objection to a judgment of litigation costs is permitted, and whether such a legal principle is equally applicable to a case where an objection is raised in the criminal procedure (affirmative)

Article 191(2) of the Criminal Procedure Act; Articles 391 and 425 of the Civil Procedure Act

Supreme Court Decision 95Da38233 Decided January 23, 1996 (Gong1996Sang, 663) Supreme Court Decision 2008Do4759 Decided July 24, 2008

Defendant

Defendant

Busan District Court Decision 2014No554 decided May 2, 2014

The appeal is dismissed.

The grounds of appeal are examined.

1. As to the ground of appeal on the judgment on the merits

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act).

In light of the facts found by the evidence duly admitted and investigated by the court of first instance, the court below rejected the Defendant’s allegation in the grounds of appeal as to mistake of facts, on the ground that the Defendant was deemed to have tried to dispose of the instant mobile phone while keeping it in custody without the intention to return it after acquiring the instant

Although examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the records, the lower court did not err by misapprehending the legal doctrine on Articles 316(1) and 318(1) of the Criminal Procedure Act, contrary to what is alleged in the grounds of appeal, thereby adversely affecting the conclusion of the judgment on the grounds of misapprehending the legal doctrine on admissibility of evidence or exceeding the bounds of the

2. As to the ground of appeal on a trial of litigation costs

Any objection to a judgment on the costs of lawsuit shall be permitted only when the whole or part of an appeal on the merits is well-grounded, and it shall not be permitted unless the appeal on the merits is well-grounded (see Supreme Court Decision 95Da38233, Jan. 23, 1996, etc.). Such a legal principle applies likewise to cases where an objection to a judgment on costs of lawsuit is filed in criminal proceedings (see Supreme Court Decision 2008Do4759, Jul. 24, 2008).

According to the records, the first instance court sentenced the defendant to be guilty of the crime of embezzlement of stolen property, and sentenced to the punishment, and maintained the first instance court's conclusion.

As seen above, as long as the defendant's appeal against the judgment on the merits is without merit, the appeal against the judgment on the costs of lawsuit in the first instance cannot be permitted, and there is no error in the conclusion of the court below.

3. Conclusion

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

Justices Lee Ki-taik (Presiding Justice)