건조물침입등
The judgment below
Part of acquittal shall be reversed.
Defendant shall be punished by a fine of KRW 50,000.
The above fine shall be imposed on the defendant.
1. Where there exist several orders for the judgment, such as partial conviction, partial acquittal, etc., on a case prosecuted concurrently for concurrent crimes within the scope of the trial at the court below, the part included in the one part may be separately appealed from other parts, and the part not appealed by both parties becomes final and conclusive. Thus, where only the prosecutor appealed on the part of the judgment of the court of first instance, which pronounced not guilty or not guilty, as to the part of the concurrent crimes, only the prosecutor appealed on the part of the judgment of first instance, the part of the judgment of conviction which was not appealed by the defendant and the prosecutor became final and conclusive as the period for appeal has expired, is not only the part of the judgment of innocence,
(See Supreme Court en banc Decision 91Do1402 delivered on January 21, 1992). According to the records, the court below found the defendant guilty of the damage to property among the facts charged in this case, and found the defendant not guilty of the damage to the building. Since only the prosecutor appealed the part not guilty and found the guilty part, the scope of the trial for the court below is limited to the part not guilty by the prosecutor.
2. The summary of the grounds for appeal referred to in Article 319(1) of the Criminal Act refers to a structure that can be evaluated as being actually controlled and managed by a person, and the house of the victim D, where the defendant had been engaged in an abandonment, etc., was the victim's sexual harassment, etc., and regardless of whether the defendant himself/herself had resided in the victim's child E, he/she was in charge of managing the house of the victim's child, and the judgment of the court below which rendered a non-guilty verdict otherwise by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
3. Determination
A. Prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor, the prosecutor was examined ex officio, and the previous judgment was made by the prosecutor.