The meaning of the meaning of "in case where a minor crime is recognized than that recognized by the original judgment under Article 420 Item 5 of the Criminal Procedure Act".

In a case where a crime has been recognized more severe than the crime acknowledged by the original judgment under Article 420 subparagraph 5 of the Criminal Procedure Act, the term "a crime recognized by the original judgment" means a separate crime that has been recognized by the original judgment, and refers to a crime that has been more severe than that recognized by the original judgment, and there is no change in the original judgment itself in the crime recognized by the original judgment,

Article 420 subparagraph 5 of the Criminal Procedure Act

Supreme Court Decision 84Do2809 Delivered on February 26, 1985

Re-appellant

Seoul High Court Order 84Ro12 dated June 1, 1987

The reappeal is dismissed.

The grounds of reappeal are examined.

According to the records, the Re-Appellant's statement of opinion to submit his opinion to the court of first instance on November 4, 1983 is clear that he did not give the Re-Appellant an opportunity to state his opinion. Thus, there is no reason to argue that the Re-Appellant did not give the Re-Appellant an opportunity to state his opinion. In addition, the crime recognized by the original judgment as stated in Article 420 subparagraph 5 of the Criminal Procedure Act refers to a separate crime that is separate from the crime recognized by the original judgment, and the crime recognized by the original judgment does not change itself, and it does not correspond to the crime that causes a change in data in sentencing (see Supreme Court Decision 84Do2809 delivered on February 26, 1985). Thus, it does not constitute a ground for retrial as stated in the theory of lawsuit (see Supreme Court Decision 84Do2809 delivered on February 26, 1985). Thus, the fact that the application for the return of reverted property and the application for the return of reverted property cannot constitute a ground for retrial under the above law.

Therefore, the reappeal is dismissed, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jin-Post (Presiding Justice)