피고인과 검사의 항소에 대한 차별적 취급의 타당성에 관한 연구

Abstract

In 1961, the reason for appeal and the statement of reasons for appeal system were introduced to solve the problems of the abuse and the burden of appeal. The appeal is the continuation of trial and ex post facto inspection, and the statement of reasons for appeal is very important in the trial of the appeal because the appeal is limited to the reasons included in the appeal reason. However, the Supreme Court precedent has treated both sides differently by taking a stricter position against the appeal of the prosecutor, unlike the defendant’s appeal, and recently took the same position in the case of violation of the political funds act against Seongnam Mayor. This study examined the position of the Supreme Court precedent in various ways from the viewpoint of the provisions of the statutes, the statement of reasons for appeal system, the criminal litigation structure, the right to correct the issue, and the violation of the equality principle. In addition, the validity of the Supreme Court decision was examined in detail by examining the facts of the violation of the above political funds act.