Whether an appeal against an appellate judgment dismissing a defendant's appeal on the sole ground of unfair sentencing can be lodged on the ground of mistake of facts (negative)

Where a defendant has dismissed an appeal by deeming that the appellate court has no reason to dismiss the defendant's appeal, even though the defendant's decision of punishment was unreasonable, the defendant shall not be deemed a ground for appeal that there was an error of finding a mistake in

Articles 383 and 384 of the Criminal Procedure Act

Supreme Court Decision 90Do1688 delivered on October 10, 1990 (Gong1990, 2330) Supreme Court Decision 90Do2376 delivered on November 27, 1990 (Gong191, 296)

Defendant

Defendant

Daegu District Court Decision 92No1518 delivered on November 5, 1992

The appeal is dismissed.

The defendant's grounds of appeal are examined.

Although the grounds for appeal are limited to the fact that the defendant filed an appeal against the judgment of the court of first instance and that the determination of punishment is unfair, if the appellate court dismisss the appeal by the judgment of the defendant, the defendant cannot be viewed as the grounds for appeal against the judgment of the appellate court for lack of grounds for appeal (see, e.g., Supreme Court Decisions 90Do1688, Oct. 10, 1990; 90Do2376, Nov. 27, 1990; 90Do2376, Nov. 27, 1990).

Therefore, the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.