The judgment below is reversed and the case is remanded to Seoul High Court.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act, in a case where a prosecuted case is sentenced to death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years, an appeal on the grounds of unfair sentencing is permitted. As such, in the instant case where the defendant and the requester for medical treatment and custody (hereinafter “defendant”) rendered a minor sentence, the argument that the amount of punishment is unfair is not legitimate

2. Article 14(2) of the Medical Treatment and Custody Act provides that “When an appeal, waiver or withdrawal of a judgment on a defendant case is filed, a judgment on the medical treatment and custody case concerned shall be deemed to have been filed, or waiver or withdrawal of an appeal is filed, shall also be deemed to have been filed,” with respect to the above medical treatment and custody case concerned, it is reasonable to deem that the provision on the legal fiction of an appeal

On the other hand, Article 12 (2) of the Medical Treatment and Custody Act provides that the judgment of the medical treatment and custody claim shall be declared simultaneously with the judgment of the accused

According to the records, the Defendant appealed from the first instance court on the grounds that he was sentenced to imprisonment with prison labor for six months and medical treatment and custody for the obstruction of performance of official duties by deceptive means, and the prosecutor only appealed on the grounds of unfair sentencing with respect to the judgment of the first instance court. The lower court accepted the prosecutor’s assertion of unfair sentencing, and reversed the Defendant’s case among the judgment below and sentenced the Defendant for ten months

Such measures by the court below cannot be maintained in light of the above provisions and legal principles.

In the first instance court, the judgment of accepting a request for medical treatment and custody along with the conviction of a prosecuted case, was rendered, and the prosecutor appealed only on the ground of unreasonable sentencing only for a prosecuted case in the

Even if the prosecutor appeals against the defendant, it is for the benefit of the defendant as well as for appeal.