The Defendant appealed against the conviction of the lower judgment.

The prosecutor stated in the “Scope of Appeal” column of the petition of appeal as “total” and stated in the “reason for Appeal” column as “based on mistake of facts as to the portion of 200,000 won wages of July or August 2013 to J, and the portion of 10,000 won wages of October 2014 to K and on the ground of unfair sentencing.” The grounds of appeal only stated in the grounds of appeal for mistake of facts as to the portion of innocence as above.

In such a case, the portion of innocence (the portion of 200,000 won wage for October 2014 against J, and the portion of 200,000 won wage for K as of February 2015) based on the principle of non-performance of appeal shall also be transferred to this court along with the convicted portion. However, the remaining portion of innocence is de facto excluded from the object of attack and defense between the parties, and thus, this part shall not be re-determined by the court.

(See Supreme Court Decision 2004Do5014 Decided October 28, 2004). In light of the contents of Article 361-5 subparag. 15 of the Criminal Procedure Act and Article 155 of the Rules on Criminal Procedure, the term “reasons for appeal” in the petition of appeal simply stated that the appeal was lodged on the ground of unfair sentencing without stating any other specific reasons, it can be deemed as a legitimate assertion of unfair sentencing.