폭력행위등처벌에관한법률위반(공동협박)등
The prosecutor's appeal is dismissed.
1. Where there exist several orders of the judgment, such as partial conviction and partial acquittal of the case prosecuted for concurrent crimes within the scope of the judgment of this court, the part included in one of the judgment may be separately appealed from other parts, and the part not appealed by both parties becomes final and conclusive. Thus, where only the prosecutor appealeds the part not guilty against the part of the concurrent crimes, the part of the judgment of the first instance which rendered a judgment of conviction against the defendant and the prosecutor not appealed against the part not guilty is final and conclusive as the period for appeal expires, and the part of the judgment not appealed against the defendant and the prosecutor not appealed to the appellate court is only prosecuted against the part of the judgment of innocence (see, e.g., Supreme Court Decisions 91Do1402, Jan. 21, 1992; 2010Do10985, Nov. 25, 2010). The lower court acquitted the defendant as to the damage of property among the facts charged against the defendant A, and pronounced the remainder guilty.
With regard to this, the prosecutor only appealed the part of the acquittal, and the prosecutor and the defendant did not appeal all the remainder, so the scope of the trial of this court is limited to the part of the acquittal.
2. Of the facts charged against Defendant A, Defendant A, on September 13, 2014, damaged the property amounting to KRW 1,372,800 at the market price, such as the backer, front, and rear part of the KNS vehicle in the KNS vehicle in the GNS parking lot located in Sungnam-gu, Sungnam-si, Sungnam-si, by intimidation and assaulting the victimJ on September 13, 2014.
3. The judgment of the court below which acquitted Defendant A of the damage to the property of Defendant A among the facts charged in the instant case, based on the prosecutor’s grounds of appeal, is erroneous.
4. Of the facts charged in the instant case, evidence that corresponds to the damage of Defendant A’s property is ① the victim’s statement and ② the petition.