상해등
Of the acquittal portion of the lower judgment, the injury is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
Defendant.
1. Of the facts charged in the instant case, the lower court found the Defendant guilty only on July 5, 2014 of the facts charged, and sentenced the Defendant not guilty on the part of insult (hereinafter “the part of insult”) and on July 12, 2014 of the facts charged in the instant case (hereinafter “the part of insult”) and on the part of insult (hereinafter “the part of insult”), and only the prosecutor appealed on the part of the lower judgment that was acquitted. As such, the part which the lower court found the Defendant guilty is separate and final, and it is deemed that only the part of the lower judgment that rendered the Defendant not guilty falls under the scope of the lower court’s trial.
If there are several orders of the judgment, such as partial conviction and partial acquittal of a case prosecuted at the same time as concurrent crimes, the part included in the one order may be appealed separately from other parts. Since the part not appealed by both parties becomes final and conclusive, where only the prosecutor appealed on the part of the judgment of the first instance that acquitted or partially convicted of the part among concurrent crimes, and the part of the judgment of the court of first instance which rendered a judgment of conviction which was not appealed has become final and conclusive as the period for appeal has expired, and the part of the judgment of conviction which was pending at the appellate court has become final and conclusive as the period for appeal, and accordingly, the part of the judgment of the court of appeal shall be reversed only when it is reversed at the appellate court (see Supreme Court Decision 2010Do10985, Nov. 25, 2010, etc.).
3.