[회사교란등에관한증수회·공문서위조·동행사·취체역감사역의특별배임][집11(1)형,004]
In the case remanded by the court below, the case which the court below rendered a new trial and determination on the conviction which was affirmed by the court below
In a case where the remanded judgment of the Supreme Court is dismissed by the defendants' appeal against the guilty portion before remand, and the prosecutor's appeal against the acquittal portion is reversed, and the judgment of the court below is reversed and remanded to the court below, it is against the principle of non-taxation as stipulated in the Constitution.
Article 23 of the Constitution, Article 383 subparag. 1 of the Criminal Procedure Act
Appellant 1 and 2 others
Attorney Cha Jong-sik
Kim Sick-Il
Gwangju High Court Decision 62No166 delivered on October 4, 1962
The judgment of the court of first instance shall be reversed, and the acquittal portion of the company disturbance, etc. among the judgment of the court of first instance shall be reversed.
A person who is sentenced to imprisonment with prison labor for not less than six months, shall be punished by imprisonment with prison labor for not less than four months.
From the date of the declaration of this judgment, the defendants are suspended from the execution of a sentence for one year.
The Defendants’ defense counsel’s grounds of appeal are as shown in the annexed appellate brief.
The judgment of the court of first instance prior to the judgment of the court below which found the defendant guilty and the non-guilty part against the defendant prior to the judgment of the court below which found the defendant guilty, and the defendant filed an appeal against one of the non-guilty parts. With respect to the appeal of the defendant, the court below reversed the acquittal part of the prosecutor's appeal and remanded it to the court below, and the conviction part of the judgment of the court below is clearly determined by the order of remand. Thus, the court below reviewed and judged the above final judgment only about the non-guilty part of Article 123 as stated in the judgment of the court below, and it is hard to reverse the judgment of the court below because it is in violation of the principle of res judicata as stated in the judgment of the court below, and it is sufficient that the court below's judgment should not be reversed, and since it is sufficient that the court below's judgment was delivered to the defendant 4 and the defendant's new opinion of the court below which delivered the non-guilty part of the defendant's new opinion to the same effect as the defendant 9's new evidence and new opinion are reversed (excluding the above part of the defendant's new opinion).
In light of the law of the above criminal act against the defendants, the act of the 4th act in the original judgment in the name of the defendant in the name of the second, second, and second, the act of the 5th act in the original judgment in the name of the defendant in the order of the former Commercial Code Article 494 (1) 2 of the same Act shall be the act of the 5th act in the original judgment in the order of the defendant in the order of the former Commercial Code Article 494 (2) of the same Act, and the two North Korea shall be chosen to imprisonment in the prescribed term of imprisonment, and within the prescribed term of imprisonment, in the same personal order of six months, the above provision of Article 62 of the Criminal Code shall be applied and the execution of the above sentence
This decision is made by the assent of all participating judges.
Justices of the Supreme Court (Presiding Judge) Lee Jin-chul (Presiding Judge)