형사소송에서 상고이유 제한 법리에 대한 검토 : 대법원 2019. 3. 21. 선고 2017도16593-1 전원합의체 판결을 중심으로

류경은(Ryu, Kyoung-Eun) 한국형사소송법학회 2021 형사소송 이론과 실무 Vol.13 No.4

심급제도는 본래 사법에 의한 권리보호를 위하여 한정되어 있는 법발견 자원을 합리적으로 분배하는 문제인 동시에 재판의 적정과 신속이라는 서로 상반되는 두 가지의 요청을 어떻게 조화시키느냐 하는 문제에 관한 것이므로 심급제도를 어떻게 구성하고 운영하는가에 대한 답변은 간단하지 않다. 더욱이 최고법원인 대법원의 바람직한 모습이 어떠해야 하는지는 어려운 문제이다. 최근 대법원은 내부적으로나 외부적으로 충분한 합의점을 도출하지 못한 상태에서 상고법원 도입을 시도하는 과정에서 불거진 문제로 큰 시련을 겪었고 그 과정에서 드러난 문제점은 여전히 해결되지 못한 채 남아 있다. 다시 상고제도 개선을 논의하는 것은 이제 더 어렵게 되어 버렸다. 이러한 상황에서 2019. 3. 21. 선고된 대법원 2017도16593-1 판결은 법원이 50년 이상 별다른 의문을 가지지 않은 채 어쩌면 당연하다고 여겨왔던 이른바 ‘상고이유 제한 법리’의 근거가 무엇이고, 과연 여전히 타당한가에 대한 물음과 답변을 담고 있다. 즉, 형사소송법 제379조와 제384조에서는 항소심의 심판대상이 된 것만을 상고이유로 삼을 수 있도록 명시적으로 제한하고 있지는 않지만, 항소이유서에 포함된 사유만 원칙적으로 항소심의 심판대상이 되고, 예외적으로 직권판단을 통해 심리한 경우에는 항소심의 심판대상이 될 수 있다. 또한 상고심은 피고사건 자체가 아니라 항소심판결 자체를 심판대상으로 삼는 사후심의 속성을 가진다는 점에서 상고이유를 항소심의 심판대상과 연계하여 제한하는 상소이유 제한 법리가 도출되는 것이다. 한편 형사소송법 제384조 후문은 상고이유서에 포함되지 않은 사유에 대해서도 일정한 경우에는 상고심이 직권으로 심판할 수 있도록 상고심에 직권심판의 권한을 부여하고 있다. 이는 상고심의 최종심으로서의 기능을 고려하여 현저히 정의에 반하는 경우를 구제하기 위한 장치로 기능하고 있다. 이처럼 상고이유 제한 법리의 법률적 근거와 타당성을 인정할 수 있다. 형사소송에서는 상고이유를 제한하고 이에 대한 심사를 엄격하게 하며 항소심의 심판대상이 되지 않은 사유는 배제함과 동시에 필요한 경우 직권심판권을 발동함으로써 우리 대법원은 최고법원으로서의 법령 해석 · 적용의 통일 기능과 피고인 권리구제 사이에서 나름의 균형점을 찾고 있다고 평가할 수 있다. The answer to the question of how to organize and operate the appeal system is not simple. Moreover, it is difficult to determine what the desirable shape of the Supreme Court, which is the highest court, is. Recently, the Supreme Court suffered great trials from problems that emerged in the process of trying to improve the final appeal system without being able to reach a sufficient consensus internally or externally, and the problems revealed in the process still remain unresolved. Discussing the improvement of final appeal system again has become more difficult now. Under these circumstances, 2017do16593-1 Decision delivered by the Supreme Court of Korea on March 21, 2019, contains questions and answers what is the basis for the so-called doctrine of limiting the reasons for final appeal , and is it still valid? which the court has taken for granted without questioning for more than 50 years. In other words, Articles 379 and 384 of the Criminal Procedure Act do not explicitly limit the use of only the object in the appeal trial as a ground for final appeal. In exceptional cases, the hearing may be subject to the judgment of the appeal court. In addition, since the trial of final appeal has the property of a post-trial examination that takes the judgment of the appeal court itself as the object of judgment, not the case of the defendant itself, the jurisprudence of limiting the reasons for final appeal is derived by limiting the grounds for appeal in connection with the object of judgment of the appellate court. On the other hand, the back sentence of Article 384 of the Criminal Procedure Act grants the authority of ex officio to final appeal court so that, in certain cases, the supreme court can decide ex officio even for reasons not included in the grounds for appeal. This is functioning as a device to relieve cases that are markedly contrary to justice in consideration of the function as the final trial of the appeals trial. As such, the jurisprudence of limiting the grounds for appeal can recognize the legal basis and validity. In criminal litigation, by limiting the grounds for appeal and strictly examining them, excluding the reasons that are not subject to the trial of the appeal, and at the same time exercising the ex officio judgment power if necessary, the supreme court finds a point of balance between the unification function of the interpretation of laws as the supreme court and the relief of the defendant s rights.

디지털카메라에서 노출과 렌즈의 종류에 따른 SNR노이즈 변화와 색 재현에 관한 연구

류경아 ( Kyoung Ah Ryu ),김이삭 ( Issack Kim ),이용환 ( Young Hwan Lee ) 현대사진영상학회 2009 현대사진영상학회논문집 Vol.12 No.-

When observing the manufacturing companies of the currently released digital cameras, it is an undeniable truth that they have been concentrating on elevating the pixels of the camera in general. Normally, the expressions, `too much/too little noise` is used when discussing the picture quality. However, this is a wrong expression in the strict sense. It is because what controls the picture quality is not the absolute value of the noise but the relative size with the signal. Even if the absolute value of the noise is however small, when the signal size is small, the corresponding image tends to accompany a great amount of noise. Therefore, the correct expression is the signal to noise ratio being `high/low.` Amongst the main factors of generating noise, there exists the increase of exposure time, insufficient or exceeding amount of light, focal distance of the lens, high-speed photography and the size of image sensor. SNR noise is the signal to noise that conveys the optical signal of the image sensor and the signal to noise ratio. The amplification of the light guiding sensor, amounts of light and the expression of particles not being smooth but being rough is called the SNR noise. Even with the different amounts of light, when the exposure is adjusted appropriately, the results of the photo is depicted similar but the color reproduction and the noise is differently expressed. Majority of the photographers pay great attention towards adjusting the appropriate exposure but they do not take interest in the point that the noise is generated and the color reproduction differs on the image in accordance with the amount of light and lens. Therefore within the present study, the purpose is placed on clarifying the differences of color reproduction and noise generation of photographed images in accordance with the type of lens (zoom lens and short lens) and the amount of light.

가공송전선로 신뢰성 향상을 위한 신기술 적용사례 연구

황경석(Kyoung-suk Hwang),류경일(Kyungil Ryu) 대한전기학회 2023 대한전기학회 학술대회 논문집 Vol.2023 No.7

아토피피부염 영아에서 유아식 유형에 따른 임상증상, 영양상태 및 면역지표의 변화

조여원 ( Ryo Won Choue ),이은영 ( Eun Young Lee ),류경아 ( Kyoung A Ryu ),임정은 ( Jung Eun Yim ),이하백 ( Ha Baik Lee ),오재원 ( Jae Won Oh ) 대한천식알레르기학회 2007 천식 및 알레르기 Vol.27 No.1

Background: Atopic dermatitis (AD) is a chronic inflammatory skin disease that commonly begins in the early age of life, and AD and food allergy often simultaneously occur in the same patient. Objective: The purpose of this study was to investigate the effects of soy formula as compared with extensively hydrolyzed cow`s milk formula in infants with AD. Method: Subjects were supplemented with extensively hydrolyzed cow`s milk formula (HCF group, n=16) or soy formula (SF group, n=13) through dietary counseling for 12 weeks. The degree of severity of AD symptoms were measured using the scoring atopic dermatitis (SCORAD) index. Cow`s milk allergy was confirmed on the basis of a history of allergic reaction to cow`s milk, a positive result from skin prick test (SPT), and the presence of immunoglobulin E (IgE) antibodies to cow`s milk. Dietary assessment were performed. Anthropometric indices were compared with standard values of growth and development for Korean children. Blood samples were collected to analyze RBC fatty acids composition and immune markers. Result: The AD infants` weights and heights were within normal range. The SCORAD index after 12 weeks improved significantly (P<0.01). The composition of DHA of erythrocyte decreased in the HCF and SF groups. There were no significant differences in changes of total serum IgE concentration between both groups. Serum levels of IL-5, IL-13 and TNF-α decreased significantly after the supplementation of extensively hydrolyzed cow`s milk. Conclusion: Extensively hydrolyzed cow`s milk and soy formulas may support normal growth of infants and improved the symptoms of AD to the same degree. Prospective long-term studies are needed to investigate the significant effects and the mechanism of each formula in AD infants. (Korean J Asthma Allergy Clin Immunol 2007;27:33-42)

비만성인의 영양소 섭취량 및 식사 다양성 평가

김소혜(So Hye Kim),김주영(Ju Young Kim),류경아(Kyoung A Ryu),손정민(Cheong Min Sohn) 대한지역사회영양학회 2007 대한지역사회영양학회지 Vol.12 No.5

The purpose of this study was to assess the diet diversity, food habit and nutrient intake of obese adults who were visiting the health promotion center. This study was accomplished with the 138 obese adults (men = 103, women = 35) aged over 20 years old whose BMI were above 25 kg/m2. Nutrient adequacy ratio (NAR), the number of foods (Dietary Variety Score, DVS), and food group consumed (Dietary Diversity Score, DDS) by using the data from the three days record were analyzed and the food habit and lifestyle were assessed by self reporting questionnaire. The average energy intake of men was 2150.2 kcal which was significantly higher than that of women (p < 0.05). The intake ratio of carbohydrate, protein and fat over total energy was 54.8% : 19.3% : 25.8% in men, 59.5% : 17.8% : 22.6% in women, respectively. Frequency of the breakfast in a week above 4, 2~3 time and under one time was 75.7%, 10.7% and 9.7% in men, 77.1%, 5.7% and 14.3% in women respectively. Frequency of eating between meals in a day under one time was 73.8% in men, 57.1% in women (p < 0.05). The average DDS and DVS was 3.63 ± 0.07 and 14.10 ± 3.45, respectively which was significantly correlated with MAR (r = 0.40 in DDS, r = 0.64 in DVS, p < 0.01). The most frequent style of food pattern was DMGFV = 01101 in 35% of men, and DMGFV = 01111 in 37.1% of women. Our results show that dietary diversity and variety are useful parameters for evaluating nutrient intakes in obese adults. These findings suggest that nutritional education based on obese persons` eating behavior and eating diversity may be required to increase educational efficiency of weight control programs. (Korean J Community Nutrition 12(5) : 583~591, 2007)

중간신육형 직립초형 동부 품종 ‘옥당’

김동관(Dong Kwan Kim),최진경(Jin Gyung Choi),권오도(Oh Do Kwon),이경동(Kyung Dong Lee),류경인(Kyoung In Ryu) 한국육종학회 2018 한국육종학회지 Vol.50 No.3

A cowpea cultivar ‘Okdang’ (Vigna unguiculata L. Walp) was developed by the Jeollanamdo Agricultural Research and Extension Services (JARES) in 2013 using the breeding method of pure line isolation applied to the foundation stock of IT45384. ‘Okdang’ has an erect plant type with an intermediate plant habit, green hypocotyls, heart leaflet, orange yellow seed surface of faint luster, and brown and straight pods when matured. Its first flowering and maturing dates were approximately seven and ten days earlier than that of the control cultivar ‘Seoweon’. The stem length of ‘Okdang’ was 42 cm, which was 57 cm shorter than that of the control cultivar. Its 100-seed weight was 16.6 g, which was heavier than that of the control cultivar by 5.9 g. The weight ratio of the seed coat for the entire seed was 12%, which was 1.4%p lower than that of the control cultivar. Its field resistance to leaf and systemic diseases was as strong, or slightly weaker than that of the control cultivar. In addition, ‘Okdang’ had a high lodging resistance. The average yield of ‘Okdang’ was 1.85 ton/ha, which was 40% higher than that of the control cultivar ‘Seoweon’ (Cultivar registration number: 5879).

서울지역 학교급식 위생관리 수행수준 평가

이지현(Ji Hyun Lee),고유경(Yu Kyoung Goh),박기환(Ki Hwan Park),류경(Kyung Ryu) 대한지역사회영양학회 2007 대한지역사회영양학회지 Vol.12 No.3

Effective and systematic sanitation management programs are necessary to prevent foodborne disease outbreaks in school foodservice operations. The purpose of this study was to identify the elements to improve in order to ensure the safety of school food service by evaluating sanitation management practices implemented under HACCP-based programs. The survey was designed to assess the level of hygiene practices of school food service by using an inspection checklist of food hygiene and safety. Fifty-four school foodservice establishments considered as poor sanitation practice groups from two year inspections by Seoul Metropolitan Office of Education were surveyed from September to December in 2005. Inspection checklists consisted of seven categories with 50 checkpoints; facilities and equipment management, personal hygiene, ingredient control, process control, environmental sanitation management, HACCP system and safety management. Surveyed schools scored 68.0± 12.42 points out of 100 on average. The average score (% of compliance) of each field was 10.7/20 (53.3%) for facilities and equipment management, 7.4/11 (67.2%) for personal hygiene, 7.4/11 (74.1%) for ingredient control, 22.4/32 (69.8%) for process control, 8.9/12 (73.8%) for environmental sanitation management, 4.2/7 (59.7%) for HACCP systems management, and 7.2/8 (89.7%) for safety management, respectively. The field to be improved first was the sanitation control of facilities and equipment. The elements to improve this category were unprofessional consultation for kitchen layout, improper compartment of the kitchen area, lacks of pest control, inadequate water supply, poor ventilation system, and insufficient hand-washing facilities. To elevate the overall performance level of sanitation management, prerequisite programs prior to HACCP plan implementation should be stressed on the school officials, specifically principals, for the integration of the system. (Korean J Community Nutrition 12(3) : 310~321, 2007)