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TITLE Supreme Court en banc Order 2015Mo2229 Dated March 21, 2019【Reappeal against Decision on Commencement of a New Trial】 [full Text]
Summary
[1] In a case where: (a) during the Yeosu-Suncheon Incident, the Defendants were brought before a court-martial on charges of insurrection and breach of sovereignty, sentenced to death, and the sentence was executed by judgment; (b) thereafter, the Defendants’ families filed a motion for a retrial as to the judgment; and (c) the Prosecutor re-appealed following the decision to commence a new trial, the Court affirming the lower judgment ruling that there were grounds to hold a new trial as prescribed by Article 422 and Article 420 Subparag. 7 of the Criminal Procedure Act with respect to the aforementioned judgment subject to a retrial
[2] In a case where: (a) during the Yeosu-Suncheon Incident, the Defendants were brought before a court-martial on charges of insurrection and breach of sovereignty, sentenced to death, and the sentence was executed by judgment; (b) thereafter, the Defendants’ families filed a motion for a retrial as to the judgment; and (c) the Prosecutor re-appealed following the decision to commence a new trial, the Court affirming the lower judgment ruling that a final and conclusive judgment of conviction may be subject to a retrial as mentioned above
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