특정경제범죄가중처벌등에관한법률위반(수재등)
The judgment below
Among the parts against Defendant A, the parts against Defendant A and the dismissal of prosecution against Defendant B shall be reversed, respectively.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles: Regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) against Defendant A among the facts charged in this case, the part in the No. 2 through No. 5 as stated in the attached Table 1 of the judgment of the court
Nevertheless, the lower court separately removed only the criminal acts listed in the above No. 1, and rendered a judgment of acquittal on the grounds that the statute of limitations has expired as of the date of this part of the crime. If it is not legitimate to apply for changes in indictment to add each of the charges listed in the above Nos. 2 through 5 to the charges listed in the above Nos. 1, the lower court should have determined that only the facts described in the above No. 2-5, which were not subject to prosecution procedure, were dismissed, or that the court below erred in dismissing prosecution on the facts described in the above No. 1. 2-5 without undergoing prosecution procedure.
In sum, the court below erred by misapprehending the legal principles as to comprehensive crimes and changes in indictment, thereby adversely affecting the conclusion of the judgment.
B. The sentence of imprisonment (three years of imprisonment) imposed by the lower court on Defendant B is too uneased and unreasonable.
2. Ex officio determination due to revocation of the decision to permit changes in indictment: The prosecutor shall not dismiss the defendant A and the prosecutor shall not dismiss the prosecution against the defendant A among the facts charged in this case.