Whether a summary of the oral argument in the court below may be invoked as the ground of appeal (negative)

The grounds of appeal shall be specified by citing facts expressed in the records of trial and in the examination of evidence by the court below. Therefore, citing a summary of oral argument in the court below as the grounds of appeal cannot be a legitimate ground of appeal.

Article 379 of the Criminal Procedure Act

Defendant

Defendant

Attorney Yang Sung-sik

Daegu High Court Decision 87No166 delivered on May 28, 1987

The appeal is dismissed.

As to the grounds of appeal by defense counsel:

The judgment of the court below's finding of evidence and the fact-finding shall not be justified and there is no illegality in the misconception of facts or incomplete deliberation due to the violation of the rules of evidence which are not evidence.

Although the theory of lawsuit is invoked as part of the grounds of appeal of this case in the summary of pleading which a defense counsel submitted to the original court, it is necessary to cite the facts expressed in the records of trial and in the examination of evidence by the original court, and it is not a legitimate ground of appeal to cite the summary of pleading in the original court as the grounds of appeal.

It is without merit that this appeal is dismissed, and it is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice)