(negative) Whether a non-permanent appeal against a decision is appropriate (negative)

The summary appeal may only be filed against the judgment of the court of first instance, and it shall not be filed against the judgment of the court of first instance, which is not a judgment.

Articles 372 and 376(1) of the Criminal Procedure Act

Re-appellant

Seoul High Court Order 84Ra3 dated February 27, 1984

The reappeal is dismissed.

The grounds of reappeal are examined.

The summary appeal can be made only against the judgment of the court of first instance, and it cannot be made against the decision of the court of first instance, not against the judgment (see Article 372 of the Criminal Procedure Act). Therefore, the non-tentative appeal filed against the decision of the court of first instance as to the decision of the court of first instance falls under the case where it is obvious that the appeal is in violation of the legal method, and thus, the court of first instance shall dismiss it by decision (see Article

In the same purport, it is justifiable for the court below to maintain the first instance court's decision that dismissed the Re-Appellant's non-pharmaceutical appeal and dismiss the Re-Appellant's immediate appeal. Other contents asserted by the theory of lawsuit are irrelevant to the grounds for dismissing the immediate appeal, and therefore, it cannot be a legitimate ground for reappeal against the original court's order. Thus,

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Tae-tae (Presiding Justice)