The defendant's appeal against the judgment dismissed only by the prosecutor

The defendant has no right to appeal against the above appellate judgment on the ground that the appellate court's judgment, which has waived an appeal and only the prosecutor, appealed for the reason that the sentencing of the first instance is unreasonably weak, and thus dismissed, cannot be deemed to be disadvantageous to the defendant.

Articles 376 and 381 of the Criminal Act

Supreme Court Order 86Do479, 86Do67 Decided May 27, 1986 (Dong) 86Do1677 Decided September 15, 1986

Defendant

Seoul High Court Decision 86No1224 delivered on August 18, 1986

The appeal is dismissed.

On the other hand, in relation to the legitimacy of the appeal, the appeal for the defendant is an objection to the judgment by the lower court, and the appeal for the defendant is a claim for a trial which has been advantageous by correcting the unfavorable judgment as an objection to the judgment by the lower court. Therefore, the defendant cannot have the right to appeal unless the judgment by the lower court is disadvantageous to him. Thus, the lower court's appeal against the judgment by the first instance court which sentenced the defendant imprisonment with prison labor for a period of two years and six months is groundless and dismissed by the prosecutor's appeal that the sentencing is unreasonably inappropriate, and the defendant waivers

Therefore, since the defendant does not have the right to appeal against this judgment, the defendant's final appeal of this case cannot be called an illegal appeal in violation of the method, so the final appeal by the defendant is dismissed pursuant to Articles 381 and 376 of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jae-hee (Presiding Justice)