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(영문) 청주지방법원 2015.04.30 2015노210
업무상횡령등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Progress of lawsuit and the scope of trial of this court;

A. The court below found the Defendant guilty of all the charges of this case, and sentenced the Defendant to a two-year imprisonment, and appealed on the ground of mistake of facts, misapprehension of legal principles, and unreasonable sentencing.

Before remanding, the first instance court accepted the Defendant’s assertion of misapprehension of the legal principles as to attempted fraud among the facts charged in the instant case and acquitted the Defendant, and rejected the Defendant’s assertion of misunderstanding of facts and misapprehension of the legal principles as to the remaining facts charged, and sentenced the Defendant to imprisonment for

As to this, the Defendant appealed on the guilty portion on the ground of the misapprehension of the legal principles as to the acquittal portion.

The Supreme Court rejected all of the grounds of appeal by the defendant on the ground that the prosecutor's appeal was groundless, but the part of not guilty in the judgment prior to remand was reversed, and the remaining guilty part in the judgment prior to remand was concurrent crimes under the former part of Article 37 of the Criminal Act, and thus a single sentence should be sentenced to all of the judgment prior to remand, and remanded to this

B. 1) In a case where the court of final appeal rendered a judgment that there was no ground of appeal in the final appeal, but all of the convictions were reversed due to other crimes in relation to concurrent crimes, and the court of final appeal rendered a sentence again as concurrent crimes, the part rejected in the final appeal on the ground that the allegations in the grounds of final appeal were groundless shall become final and conclusive at the same time with the rendering of the judgment, and the defendant shall not be able to contest against this part, and the court to which the case was remanded shall not make a decision contrary thereto, and the part not considered as the grounds of final appeal in the final appeal shall have the same effect as that on which the final appeal has not been filed (see, e.g., Supreme Court Decision 2001Do265, Apr.

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