[1] Whether an applicant for medical treatment and custody can have the right to appeal where a lower court judgment did not disadvantage the applicant for medical treatment and custody (negative)

[2] The case holding that the applicant for medical treatment and custody does not have the right to file an appeal on the part of the appellate court's judgment concerning the claim for medical treatment and custody in a case where the first instance court acquitted a prosecuted case for attempted murder, and only the prosecutor filed an appeal on the sentence of medical treatment and custody; and the appellate court dismissed the prosecutor's appeal on the part of the claim for medical treatment and custody due to

[1] Article 14(1) of the Medical Treatment and Custody Act / [2] Article 14(1) of the Medical Treatment and Custody Act

[1] Supreme Court Decision 87Do1702 delivered on August 31, 1987 (Gong1987, 1534) Supreme Court Decision 2005Do4866 delivered on September 15, 2005

Applicant for Medical Treatment and Custody

Applicant for Medical Treatment and Custody

Attorney Yu Chang-sik

Gwangju High Court Decision 2007No28, 2007No1 Decided May 10, 2007

The appeal is dismissed.

An appeal for a candidate for medical treatment and custody is an objection to a trial by a lower court court, and the essence of which is to make a request for a trial favorable to the candidate for medical treatment and custody by correcting a disadvantageous judgment. Therefore, unless a trial by a lower court is disadvantageous to the candidate for medical treatment and custody, the candidate for medical treatment and custody shall not have the right to appeal (see, e.g., Supreme Court Decisions 14(1) and 2005Do4866, Sept. 15, 2005).

According to the records, the applicant for medical treatment and custody filed an appeal against the judgment of the court of first instance which declared not guilty of a prosecuted case prosecuted due to the crime of attempted murder and the case for medical treatment and custody application without filing an appeal against the applicant for medical treatment and custody application, and the appellate court reversed the judgment of first instance and rendered a judgment of conviction for a period of three years and six months of suspension of execution, and dismissed the appeal on the ground that the prosecutor did not state any grounds for appeal against the case for medical treatment and custody application.

A person subject to medical treatment and custody has filed a final appeal only for the part of the judgment below's claim for medical treatment and custody. According to the above legal principle, the part dismissing a prosecutor's appeal on the medical treatment and custody claim among the judgment below cannot be deemed to be disadvantageous judgment against the applicant for medical treatment and custody claim. Thus, the applicant for medical treatment and custody who did not file an appeal on the part of the judgment of the court of first instance does not have the right to appeal against this part of the judgment below. Therefore, the appeal of this case which only filed an appeal on the part of the judgment of the court below's claim for medical

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

Justices Park Si-hwan (Presiding Justice)