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All appeals by the Defendants are dismissed.
Reasons
1. Of the facts charged against Defendant A, the lower court is limited to Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (hereinafter “the daily list of crimes” as indicated in the lower judgment.
1) On each of the facts charged in violation of the Radio Waves Act and the telecommunications business Act (the crime sight table 1, 3, 5 parts), the not guilty on each of the facts charged was found.
As to this, Defendant A only appealed against the guilty portion of the lower judgment, and the prosecutor did not appeal.
In such a case, according to the indivisible principle of appeal, the portion of innocence is also transferred to the appellate court along with the guilty portion. However, the portion of innocence is already excluded from the object of attack and defense between the parties and has been de facto relieved from the object of trial.
Therefore, the lower court’s conclusion as to the part of acquittal on the grounds of the lower judgment should be followed, and the lower court did not render a separate judgment in this Court.
2. Summary of grounds for appeal;
A. Defendant B (unfair sentencing) has asserted that there was a misunderstanding of facts in Defendant B’s written reasons for appeal, but at the second trial date of the trial, the Defendant and the defense counsel respondeded to this.
The punishment sentenced by the court below to Defendant B (three years of imprisonment) is too unreasonable.
B. Defendant A1) The grounds for appeal by the misunderstanding of facts or misapprehension of legal principles are summarized as follows. The grounds for appeal by mistake of facts or misunderstanding of legal principles are different, and the Defendant and the defense counsel withdrawn from the second trial date.
A) Regarding the part 1, 3, and 5 of the crime sight table (the part which the court below acknowledged as aiding and abetting each of the aiding and abetting in violation of the Radio Waves Act, the Radio Waves Act, and the Telecommunications Business Act at the court below), the court below acknowledged the defendant with respect to the facts charged, each of aiding and abetting in violation of the fraud, the Radio Waves Act, and the telecommunications business Act,