Main Issues

Cases of dismissing an appeal on the ground that the appellate court has no practical benefit to cancel the original decision;

Summary of Judgment

If a court to which a case was forwarded by the original decision after filing an appeal on the ruling of forwarding the case to the Juvenile Department, rendered a ruling of protective disposition under Article 30 (1) 5 of the Juvenile Act, it would have no practical benefit to cancel the ruling of forwarding the case to the Juvenile Department, and thus the appeal is unnecessary.

[Reference Provisions]

Article 404 of the Criminal Procedure Act, Article 30 of the Juvenile Act

Escopics

Defendant

Appellant. An appellant

Prosecutor

Judgment of the lower court

Sung Dong-dong Branch of Seoul District Court (75 high-class 81) in the first instance trial

Text

This appeal is dismissed.

Reasons

The public prosecutor's appeal against the decision to transfer the case to the juvenile department of the court below is subject to the case, so it cannot be filed if there is no practical benefit even after the original decision is revoked. Even if the appeal was legally filed, such appeal is without merit. In this case, according to the contents of the written reply against the fact inquiry of the party members, the Seoul Family Court, which received the case from the original decision, can be recognized as having decided the protective disposition under Article 30 (1) 5 of the Juvenile Act against the defendant on August 20, 1975 after the original decision was filed, and there is no practical benefit to cancel the original decision after the decision was made.