Whether an appeal of the merits in the criminal procedure is permitted if the appeal of the merits is without merit (negative)

Article 191(2) of the Criminal Procedure Act

Supreme Court Decision 2007Da34135 Decided September 6, 2007

Defendant

Defendant

Seoul Central District Court Decision 2008No400 Decided May 14, 2008

The appeal is dismissed.

The grounds of appeal are examined.

Any objection against a judgment on the costs of lawsuit shall be permitted only where the whole or part of an appeal against the judgment on the merits is well-grounded, and it shall not be permitted if the appeal on the merits is not well-grounded (see, e.g., Supreme Court Decisions 95Da38233, Jan. 23, 1996; 2007Da34135, Sept. 6, 2007). Such legal principles likewise apply to cases where an objection against a judgment on the costs of lawsuit is raised in the criminal procedure.

According to the records, although the defendant alleged in the grounds of appeal that there was an error in the judgment of the court below in the determination of costs of lawsuit (the defendant stated that another ground of appeal is scheduled to be added, but no other ground of appeal is submitted within the statutory period). It is not allowed to independently dispute only with respect to the judgment of costs of lawsuit separately from the judgment of the original case (see Article 191 (2) of the Criminal Procedure Act). Since an objection to the judgment of costs of lawsuit is allowed only when all or part of an appeal against the judgment of the original case is justified, the defendant's grounds

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

Justices Ahn Dai-hee (Presiding Justice)