[공문서위조·공문서위조행사·공정증서원본불실기재·공정증서원본불실기재행사·사기미수·위증][집23(2)형,63;공1975.11.1.(523),8664]
With respect to an appeal by a prosecutor against the acquittal portion, the appellate court's decision that there is no ground for appeal, and the appellate court's decision that the dismissal of the appeal is not pronounced.
With respect to the prosecutor's appeal regarding the non-guilty portion of the judgment of the first instance, it is erroneous in the judgment of the appellate court that the appellate court does not dismiss the appeal in the order.
Defendant
The chief prosecutor of the Daegu High Prosecutor's Office who acts for the chief prosecutor
Daegu High Court Decision 70No764 delivered on December 20, 1973
The part except for acquittal portion in the original judgment shall be reversed, and the case shall be remanded to the Daegu High Court.
The appeal against acquittal of the original judgment shall be dismissed.
As to the acquittal portion of the original judgment, there is no indication of the grounds in the petition of appeal or the statement of grounds for appeal, the appeal on this part shall not be dismissed.
With respect to the grounds of appeal No. 2(A) by the Prosecutor of the Daegu High Prosecutor's Office
With respect to an appeal filed by the prosecutor against the acquittal portion of the judgment of the court of first instance on the fabrication and attempted fraud of public documents among the facts charged in this case, the original judgment does not render the dismissal of an appeal in the order where it is judged that there is no reason for appeal in the explanation of the reason for appeal, and it does not mean that there is a violation of laws and subordinate statutes on the original judgment (see Supreme Court Decision 62Do270 delivered on February 7, 1963). Therefore, the argument on this point is reasonable and it is not possible to reverse all of the remaining parts of the original judgment except for the acquittal portion.
Therefore, according to Article 390, Article 397 of the Criminal Procedure Act, it is so decided as per Disposition by the assent of all participating judges.
Justices Rin- Port (Presiding Justice)