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Part III Appeals
Chapter II The Second Instance
Article 361
(Jurisdiction for Appeal in the Second Instance)
A person who disagrees with a judgment of first instance made by a district court shall file an appeal to the court of appeal with jurisdiction of the second instance.
A written petition of appeal shall set forth specific ground of reasons.
A person who fails to set forth ground of reasons in a written petition of appeal shall submit ground of reasons in writing to the original trial court within 20 days since the appeal period lapses. The original trail court shall set a period for those who fail to submit written ground of reasons in the specified period to correct the defect.
Article 362
(Original Trial Court’s Disposition against Illegal Appeals - Overrule by a Ruling or Order Amendment)
The original trial court shall, by a ruling, immediately overrule an appeal if it does not comply with legal formality, or if it shall not be granted as a matter of law, or if the right to appeal has lapsed; provided that where the deficiency in legal formality is amendable, the court shall order an amendment to be made within a prescribed period.
Article 363
(Transfer of Files, Exhibits and Defendant in a Prison or Detention Center)
Except for situations listed in the preceding article, the original trial court shall promptly transfer of dossier and exhibits to the court of second instance.
Where a defendant is in a detention center or prison other than the location of court of second instance, the original trial court shall send such defendant to a detention center or prison where the court of second instance is located and notify such court.
Article 364
(Apply Mutatis Mutandis Procedure of First Instance)
Unless otherwise provided in this Chapter, the trial of second instance shall apply mutatis mutandis the procedure of first instance.
Article 365
(Appellant States the Appeal Purport)
After a presiding judge questions a defendant pursuant to Article 94, the judge shall order the appellant to state the purport of appeal.
Article 366
(Scope of Investigation in the Second Instance)
The court of second instance shall investigate the parts of original judgment which have been appealed.
Article 367
(Court of Second Instance’s Disposition against Illegal Appeals - Overrule by a Ruling or Order Amendment)
The court of second instance shall overrule by a ruling if the written appeal fails to set forth ground of reasons or if an appeal has situations listed in the former part of Article 362; provided that where the deficiency is amendable but not ordered an amendment by the original trial court, the presiding judge shall order an amendment to be made within a prescribed period.
Article 368
(Judgment for a Meritless Appeal)
The court of second instance shall overrule an appeal by ruling if it finds such appeal meritless.
Article 369
(Revoke the Original Judgment – Adjudicate or Remand the Case)
The court of second instance shall reverse the relevant portion of the original judgment and adjudicate the case upon finding the appeal meritorious or upon finding an appeal meritless but the original judgment is improper or illegal; provided that where the original judgment is set aside become of the trial court’s improper ruling on jurisdiction, exempt from prosecution, or case dismissed.
Where the court of second instance reverses the original judgment for the latter wrongfully pronounced mistake in jurisdiction, if the court of second instance has jurisdiction over the first instance, it shall render a judgment of first instance.
Article 370
The second instance court shall not pronounce a criminal sanction greater than the original judgment on a case appealed by the defendant or appealed on behalf of the defendant. However, the provisions do not apply to cases where original judgment is revoked due to erroneous application of the law.
The term criminal sanction, as mentioned in the preceding paragraph refers to the criminal sanction that should be executed, as set in a pronounced sentence, and a combined sentence for multiple offenses.
The provisions of paragraph 1 shall apply mutatis mutandis to cases where a separate judgment is ruled for a sentence that should be executed, due to a revocation of the judgment of a combined sentence for multiple offenses in the first instance or the second instance, after an appeal.
Article 371
(Single Party Judgment (VI))
Where a defendant default without due reasons after having been legally summoned, a judgment may be made without his/her statement.
Article 372
(Exceptions to Oral Hearing (II))
For an appeal against a judgment under Article 367 or a judgment of mistake in jurisdiction, exempt from prosecution, or case dismissed rendered by the original trial court, the court of second instance may deny an appeal that is meritless or remand a meritorious case without oral argument.
Article 373
(Quote from the Judgment of First Instance)
A judgment of second instance may quote facts, evidence and reasons set forth in the judgment of first instance, and the reasons shall be supplemented recorded for material items that have not been specified in the first instance, or for evidence or defense favorable to the defendant which has been proposed in the second instance but was not adopted.
Article 374
(Formality of a Judgment Appealable)
Where a defendant or private prosecutor may appeal against the judgment of second instance, the period for submitting the reasons for appeal in writing shall be set forth in the original judgment served.