공인회계사법위반 등
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 5,000,000.
Defendant
A does not pay the above fine.
1. Summary of grounds for appeal;
A. Defendant A (1) In relation to the mistake of facts and misapprehension of legal principles, Defendant A (the wife of Defendant A) knew of the fact that Defendant A was pregnant on November 10, 2008 and that the father of the fetus was Defendant A, and around that time, he recognized the Defendants’ instant adultery. A’s complaint made on June 8, 2009 after the lapse of six months from the complaint period is illegal, and ② Defendant A filed a divorce lawsuit against Defendant A around July 1, 2007, around September 2007. Defendant A also filed a counterclaim to seek divorce on or around September 20, 2007. In the divorce lawsuit, Defendant A and D did not dispute the amount of division of property or consolation money, but did not dispute the divorce between Defendant A and the father of the fetus, and the Defendants did not clearly intend to divorce between Defendant A and A through the process of investigation and trial related to the crime. In light of the aforementioned circumstances, it should be deemed that the Defendants had no clear intent to divorce between Defendant D and A’s intent to commit the crime of this case.
Therefore, D’s accusation is unlawful due to a complaint after the expiration of the period of accusation or a complaint after the completion of the period of accusation. Of the facts charged in the instant case, a public prosecution is instituted based on an unlawful complaint. Since the procedure of indictment is null and void in violation of the provisions of law, the court below found the Defendant guilty on this part even though it should be dismissed in accordance with Article 327 subparag. 2 of the Criminal Procedure Act. The court below erred by misapprehending the legal principles or misapprehending the legal principles.
(2) Article 1-A of the judgment of the court below on the sentencing of unreasonable sentencing.
Criminal Act: One year of suspension of execution in six months of imprisonment, and the original judgment.