Main Issues

Where an order of judgment against concurrent crimes is single, only an appeal against a part of such concurrent crimes shall be filed, and the principle of no appeal shall be made.

Summary of Judgment

When an appeal is filed against a part of a single concurrent crime, an appeal against the whole of the concurrent crimes shall be deemed to have been filed.

[Reference Provisions]

Article 342(2) of the Criminal Procedure Act

upper and high-ranking persons

Prosecutor Kim Jong-chul

Escopics

Defendant

Judgment of the lower court

Seoul High Court, Seoul High Court, Seoul High Court, etc.

Reasons

Since the defendant's letter of establishment of a public prosecution only states fraud in the name of the crime, it shall be deemed that there was a public prosecution only for fraud during the event of forgery of a private document and fraud committed by the court of first instance. Accordingly, the court below's judgment on the charge of forgery of a private document even though it should be judged only for fraud. However, if there are two or more orders for concurrent crimes, it shall be divided into two or more orders, and it shall be possible to appeal only for part of them, but if the order is a single order, it shall be deemed that the principle of indivisible appeal is applied to some of the concurrent crimes, and an appeal for all concurrent crimes shall be filed. Accordingly, the establishment of a public prosecution by the defendant shall be deemed to be a legitimate interpretation of the law as to all the concurrent crimes which the court of first instance found guilty.