일부상소와 상소심의 심판범위

‘Appeal against Part of Decision’ and Scope of Appellate Court Trial

Article 342 (1) of the Criminal Procedure Act provides that “An Appeal may be filed against part of decision.” Part of decision does not mean part of its subjective scope but its objective one. And appeal against part of decision is not against part of a count but against part of decision of the criminal procedure in which court examine consolidated case like concurrent crimes In case appeal against part of decision is filed, the part shall be transferred to court of appeals and shall be its object of trial. On the other hand, the other part is not transferred but settled in principle. However, there are some exceptions. Article 342 (2) of the Criminal Procedure Act provides that “An Appeal which is taken against one part shall be deemed to have effect over the other part which is indispeably connected that part.” With reference to those issues, many sincere arguments are raised. And Supreme Court has released many meaningful precedents, like [Supreme Court Decision 1991Do1402], [Supreme Court Decision 1990Do2820] and so on. Therefore, it is necessary to analyze the standpoint of the Supreme Court and suggest a manifest criterion on that issue. This Article starts with a review of general theory about “Appeal against Part of Decision” and major issues Secondly, it analyzes leading judicial precedents and theories of domestic and abroad. Finally, it suggests criteria on that issue and possible solutions to the problems.