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Main Issues
Whether the provisions on appeal concerning the re-appeal procedure shall apply mutatis mutandis
Summary of Judgment
Since the procedure of reappeal under Article 415 of the Criminal Procedure Act does not have any provision in the Criminal Procedure Act, the provisions concerning appeal under Part III, Chapter III, Chapter III, of the same Act shall apply mutatis mutandis according to its nature.
[Reference Provisions]
Article 415 of the Criminal Procedure Act
Re-appellant
Re-appellant
The order of the court below
Seoul Criminal Court Order 82 seconds175 dated July 28, 1982
Text
The reappeal is dismissed.
Reasons
Since the procedure of reappeal under Article 415 of the Criminal Procedure Act does not have any provision concerning the procedure of reappeal under the Criminal Procedure Act, the provisions concerning appeal under Part III Chapter III of the same Act shall apply mutatis mutandis according to its nature. Therefore, the court below's decision to dismiss the reappeal on the ground that the reappeal was filed after the extinguishment of the right to appeal may be illegal. However, even under Article 376 of the same Act, if it is obvious that the reappeal was filed in violation of the legal method or the termination of the right to appeal, even under Article 376 of the same Act, if it is obvious that the reappeal was filed after the extinguishment of the right to appeal, the court below's decision shall dismiss the reappeal by its ruling, which affected the judgment, and the above judgment of the court below's illegality does not affect the judgment, and there is no relation with the grounds for dismissing the reappeal's reappeal, and therefore, it cannot be a legitimate ground for reappeal against the order of the court
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Yoon Il-young (Presiding Justice)