사기등
Defendant
All appeals filed by A and prosecutor are dismissed.
1. The scope of this Court’s trial (as to Defendant A), the court below found Defendant A guilty of the fraud of the Victim E among the facts charged in the instant case against Defendant A (as to the order of 2016 order 1415) and found Defendant A guilty of the remainder of the charges as to the crime Nos. 1 and 2 of the judgment of the court below, and sentenced Defendant A to imprisonment with prison labor for 4 months for the crime Nos. 3 through 13 of the judgment of the court below, and 1 year and 2 months for each of the crimes under Articles 3 through 13 of the judgment of the court below.
Accordingly, among the judgment below, Defendant A appealed the guilty part of the part of the judgment of the court below that interfered with the exercise of each right against one victim Capital Co., Ltd. (hereinafter “One Capital”) and A Capital Co., Ltd. (hereinafter “A Capital”) on the ground of erroneous determination of the guilty part of the crime of Articles 3 through 13 in the judgment of the court below. The prosecutor appealed on the guilty part of the crime of Articles 3 through 13 in the judgment of the court below on the ground of erroneous determination of facts as to the fraud of victim E among the acquitted part (1415 in the judgment of the court below) and appealed on the guilty part of the crime of Articles 1 and 2 in the judgment of the court below and 3 through 13 in the judgment of the court below.
Thus, the part not guilty of the above reasons [the part that interferes with the exercise of the right to the victim AP (the second 5019 order)] without the prosecutor's appeal due to the indivisible principle of appeal is reversed by the trial court, but that part is already exempted from the object of attack and defense between the parties, and is virtually out of the object of trial (see Supreme Court Decision 90Do2820, Mar. 12, 1991). Thus, the prosecutor submitted the petition of appeal stating the scope of objection "in whole" to the petition of appeal submitted by the prosecutor, but there is no legitimate reason for appeal as to this part, anywhere the petition of appeal or the reason for appeal submitted by the prosecutor is without stating the reason for appeal.
As to this part, the conclusion of the judgment of the court below shall be followed, and it shall not be judged separately in the trial.
2. Summary of reasons for appeal;
A. Prosecutor 1) Defendant B, who misleads Defendant B as to the part 1415 higher group 2016.