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(영문) 부산지방법원 2018.06.29 2014노3742
사기등
Text

The judgment below

Of the crimes against Defendant A and B, (3) Nos. 1 through 8, 10, 11, 13, and 34 each time in the net list of crimes committed against Defendant A and B.

Reasons

1. In a case where several orders of the judgment are rendered, such as partial convictions and partial acquittals, etc. for the case prosecuted for concurrent crimes within the scope of the judgment of this court as to the defendant A and B, part of the part included in the one order may be appealed separately from other parts, and the part for which both parties have not appealed shall be separated and finalized.

Where only the prosecutor appeals the part of the judgment of first instance which found the defendant and the prosecutor guilty as to the part of the concurrent crimes, and only the prosecutor appealed the part of the judgment of first instance which found the defendant guilty as to the part of the acquittal, the part of the judgment of acquittal which became final and conclusive as the period of appeal has expired, and the appellate court reverses it accordingly, the part of the judgment of innocence shall be reversed (see Supreme Court Decision 2010Do10985, Nov. 25, 2010). The court below dismissed the judgment of each of the judgment of the court below as to the fraud of the annexed Table No. 1 through 8,10, 11, 13 through 34, each violation of the Medical Service Act and the list of offenses No. 26, the list of offenses No. 17, and each of the offenses No. 18, the judgment of the court below is dismissed.

Accordingly, Defendant A appealed against the guilty portion of the judgment of the court below, and the prosecutor appealed against the Defendants only to the remainder other than the violation of each of the above Medical Service Act.

The scope of appeal is stipulated in the petition of appeal submitted by a prosecutor (one book of public trial records) and 459. However, the grounds for appeal stated in the prosecutor’s petition of appeal and the statement of reasons for appeal (one book of public trial records, one book of November 5, 2014) are as follows: (a) the remainder of the judgment below, excluding the part of innocence as to the violation of each of the above Medical Service Act, which excludes the part of acquittal, the part of dismissal of public prosecution, and the part of judgment, and the part of misconception of facts, misunderstanding of legal principles and unfair sentencing

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