Whether a defendant who has waived the right to appeal has the right to appeal against the prosecutor's dismissal judgment

The essence of an appeal for a defendant is to file an appeal against a judgment by a lower court, which is an objection against a judgment by a lower court and is to correct a disadvantageous judgment against a defendant and to request a judgment favorable to him/her. Therefore, unless the judgment by a lower court is unfavorable to a defendant, the defendant cannot have the right to file an appeal. If the defendant waives his/her right to appeal against the judgment of the first instance, and the prosecutor appealeds the sentencing of the judgment,

Articles 381 and 376 of the Criminal Procedure Act

Defendant

Defendant

Attorney Lee Jong-hoon

Seoul High Court Decision 87No1726 delivered on July 8, 1987

The appeal is dismissed.

Five days of detention after the appeal shall be included in the original sentence.

With respect to the legitimacy of an appeal ex officio, the nature of an appeal filed against a defendant is that it is a objection to the judgment of a lower court on the judgment of a lower court, which is a claim for a judgment rendered disadvantageous to a defendant, and thus, the defendant cannot have the right to appeal unless the judgment of a lower court is disadvantageous to the defendant. As to the judgment of the first instance that sentenced the two years imprisonment to the defendant, the defendant waived his right to appeal and the prosecutor appealed on the ground that the sentencing was excessive, but the judgment of the lower court dismissed the prosecutor’s appeal, which is not disadvantageous to the defendant. Thus, the defendant does not have the right to appeal against this judgment. Thus, the appeal of this case is

Therefore, it is unnecessary to decide on the grounds of appeal in accordance with Articles 381 and 376 of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating judges by applying Article 57 of the Criminal Act and Article 2 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

Justices Kim Jong-chul (Presiding Justice)