증거인멸등
The judgment of the first instance shall be reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. Scope of judgment of party members;
A. 1) The first instance court convicted the Defendant of all the charges of this case (defluence of evidence and damage to public goods). 2) The Defendant appealed each on the grounds of unfair sentencing on the grounds of erroneous determination of facts, legal scenarios, and solarly unfair sentencing.
3) The first instance court prior to remand accepted part of the Defendant’s assertion of misunderstanding of facts and legal scenarios and acquitted the Defendant of the destruction of evidence regarding six internal and external computer networks of the first instance team members of the instant charges on July 5, 2010 (Provided, That the court found the Defendant guilty of the remainder of the destruction of evidence in relation to such crime, and did not pronounce the Defendant not guilty of this part.
(4) The Defendant appealed the judgment of the lower court prior to remand on the grounds of misapprehending the legal doctrine.
The Supreme Court received an appeal as to the destruction of evidence, and rejected the appeal as to the damage of public goods. The part on the damage of public goods by the defendant was also reversed in the judgment of the court before remanding for the reason that the damage of public goods by the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a concurrent crime under Article 40 of the Criminal Act.
B. Since the part rejected by the court of final appeal on the ground that it was without merit in the final appeal subject to a trial on the grounds that the final judgment became final and conclusive at the same time with the rendering of the judgment, the defendant can no longer contest against it, and the court that has been remanded cannot make a decision contrary thereto.
(See Supreme Court Decision 2005Do1247 Decided October 28, 2005, etc.). Accordingly, the subject of a trial after remanding the case is the remainder of the charges except for the destruction of evidence regarding six external computer units of the 1 team members of the inspection team among the destruction of evidence as of July 5, 2010, for which the verdict of the court after remanding the case, was acquitted. However, the Supreme Court has no reason.