Appellate Body of the defendant against the judgment dismissing public prosecution

When a judgment dismissing a public prosecution is rendered, the defendant returns to the state without filing a public prosecution and is relieved from the risk of conviction, so the judgment cannot be deemed disadvantageous to the defendant, so the defendant has no right to appeal against a judgment dismissing a public prosecution.

Articles 327 and 338 of the Criminal Procedure Act

Defendant

Defendant

Attorney Bo Dong-young

Daegu District Court Decision 82No1531 delivered on February 11, 1983

The appeal is dismissed.

The essence of an appeal for the defendant is to request a judgment disadvantageous to the defendant by correcting a disadvantageous judgment against him/her, so the defendant cannot have the right to appeal against it unless the judgment is disadvantageous to him/her. When there is a judgment dismissing a public prosecution, the defendant is reinstated to the state where no prosecution was instituted, and thus, the judgment cannot be deemed disadvantageous to the defendant.

Therefore, the defendant does not have the right to appeal against the judgment dismissing the public prosecution. Therefore, the defendant's objection against the judgment dismissing the public prosecution by the court below is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Jeong Tae-tae (Presiding Justice)