Appropriateness of a request for retrial on the ground of mistake of facts

The grounds for the request for a retrial of this case to the effect that the judgment subject to a retrial (judgment of dismissal of an appeal) is erroneous because it is an erroneous determination of facts are not based on the grounds stipulated in Article 421(1) of the Criminal Procedure Act.

Articles 421(1) and 433 of the Criminal Procedure Act

Defendant

Defendant

Supreme Court Decision 83Do2751 Delivered on December 27, 1983

The request for retrial is dismissed.

Article 421(1) of the Criminal Procedure Act provides that a request for retrial may be made only when there are grounds provided for in subparagraphs 1, 2, and 7 of Article 420 of the same Act with respect to a judgment dismissing an appeal or a final appeal pursuant to Article 421(1) of the same Act. Thus, a request for retrial not based on such grounds with respect to a judgment dismissing an appeal or final appeal shall be made in violation of the legal method. According to records, the request for retrial of this case is made against Supreme Court Decision 83Do2751 Decided December 27, 1983, which dismissed a defendant's final appeal. The reason for the request for retrial is that the judgment dismissing the final appeal of this case is unfair because it is against mistake of facts, and it is not for the reason that there is a ground provided for in Article 421(1) of the Criminal Procedure Act. Accordingly, the request for retrial of this case is in violation of the legal method. Accordingly, the request for retrial of this case is dismissed pursuant to Article 4

Justices Yoon Il-young (Presiding Justice)