B. The case holding that a prosecutor's appeal shall be filed against the entire judgment where the prosecutor did not state any matter in the column of objection, and only the punishment of the convicted part shall be stated in the order of judgment, and the unwritten petition of appeal was submitted, but the reasons for appeal as to the non-guilty part was also stated in the statement of appeal (Article 91Do1937, Nov. 26, 91).

(b) The case holding that a prosecutor's appeal against the judgment shall be dismissed in its entirety where the prosecutor did not state any matter in the column of objection, and only the punishment of the convicted part shall be stated in the order of judgment, and the unwritten petition of appeal is submitted, but the reasons for appeal against the unguilty part in the statement of appeal

The prosecutor's appeal against the defendant 2 and 3 is dismissed.

According to the reasoning of the judgment below, the court below affirmed the judgment of the court of first instance that acquitted Defendants 2 and 3 on the grounds that all the evidence supporting the facts charged against Defendants 2 and 3 do not lack consistency in their statements, or contradictory and excessively ambiguous on the date, time, method, sale price, and distribution of the goods, etc. of the crime, making it difficult to find the Defendants guilty on the basis of this, and there is no other evidence to find the Defendants guilty on the grounds that there is no other evidence to find the Defendants guilty of the crime. The above judgment of the court below is justified, and there is no error in the misapprehension

2. Determination on the part of the appeal against Defendant 1

According to the reasoning of the judgment below, the court below rejected the prosecutor's appeal as to the part of the judgment below against the above defendant, on the ground that the petition of appeal submitted by the prosecutor while filing an appeal against the above defendant only stated "one year and one hundred and fifty days of imprisonment" in the order of the judgment, and that the scope of the appeal does not include any statement in the column of the appeal. Thus, the prosecutor's appeal against the above defendant should be determined to be clear that the defendant's appeal against unfair sentencing among the judgment below against the above defendant should be filed, and that the non-guilty part of the judgment below against the defendant should not be appealed.

However, in light of the provisions of Article 342 of the Criminal Procedure Act, which provides that there is no provision that the scope of appeal shall be stipulated in the petition of appeal, and the appeal may be appealed against the whole of the judgment. In light of the provisions of Article 342 of the Criminal Procedure Act which provides that only a part of the judgment shall be appealed in the column of appeal against the petition of appeal, unless the prosecutor states that only a part of the judgment is appealed in the column of appeal against the petition of appeal, it shall be deemed that the prosecutor appealed the entire judgment that is not in accordance with the request of the prosecutor. In entering the petition of appeal into

In this case, the prosecutor stated the grounds for appeal as to the acquittal portion in the submission of the grounds for appeal. The court below should make a decision on that portion. Since the court below erred by misapprehending the scope of the prosecutor’s appeal, it is reasonable to hold the prosecutor’s appeal that pointed out this error.

3. Therefore, the part of the judgment below dismissing the prosecutor's appeal against Defendant 1 is reversed, and that part of the case is remanded to the Daegu District Court Panel Division, and the prosecutor's appeal against Defendant 2 and 3 is dismissed. It is so decided as per Disposition with the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)