성매매알선등행위의처벌에관한법률위반(성매매광고)등
The judgment below
The part of the violation of the Electronic Financial Transactions Act is reversed.
The defendant shall be exempted from punishment.
1. Progression of litigation and scope of adjudication of this court;
A. 1) The lower court convicted the Defendant of all the facts charged in the instant case, and sentenced the Defendant to a penalty of KRW 2 years and KRW 30 million. The Defendant appealed on the whole of the lower judgment on the ground of unfair sentencing. 2) The lower court reversed ex officio the lower judgment against the Defendant, and determined the Defendant not guilty of violating the Electronic Financial Transactions Act among the facts charged that the lower court found the Defendant guilty, and sentenced the Defendant to a penalty of KRW 2 years and KRW 30 million equivalent to the lower judgment.
A prosecutor filed an appeal against the acquittal part of the judgment of the party before remanding the case on the grounds of misapprehension of legal principles.
3) The Supreme Court: (a) judged that there was an error of law by misunderstanding the legal principles regarding the part of the judgment of the party prior to remand, which affected the conclusion of the judgment; and (b) reversed the part of the judgment of the court prior to remanding the scope of the judgment; and (b) remanded to this court. Since the conviction part of the judgment prior to remanding the scope of the judgment of the court prior to remand is separated and finalized as it is by not filing all the appeals by both the Defendant and the prosecutor, each of the above parts was excluded from the scope of the judgment of the party (see, e.g., Supreme Court en banc Decision 91Do1402, Jan. 21, 1992; Supreme Court Decision 2010Do10985, Nov. 25, 2010). Therefore, the subject of the judgment of the court after remand is limited to the portion of the judgment of the court below that was reversed, which is limited to the portion of the violation of the Electronic Financial Transactions Act
3. Prior to the judgment on the grounds for appeal by the Defendant ex officio, the lower court found the Defendant guilty of all the facts charged in the instant case and sentenced the Defendant to imprisonment with prison labor for two years and additional collection, and the lower court rendered a judgment prior to remand acquitted of the violation of the Electronic Financial Transactions Act among the lower judgment.