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(영문) 울산지방법원 2016.01.08 2015노1133
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In a case where several orders of the judgment, such as partial conviction and partial acquittal of the case prosecuted at the same time for concurrent crimes within the scope of the judgment of this court, are rendered separately from other parts, and the part not appealed by both parties becomes final and conclusive. Thus, in a case where only the prosecutor appealeds the part not guilty as to the part of concurrent crimes, the part of the judgment of the court of first instance which found the defendant and the prosecutor guilty as to the part not guilty is final and conclusive as the period for appeal expires, and the part of the judgment of the court of first instance which found the defendant and the prosecutor not appealed is only a public prosecution as to the part of the judgment of the judgment of the court of appeal, and if it is reversed by the appellate court, only the part of the judgment of the court of appeal must be reversed (see, e.g., Supreme Court Decisions 91Do1402, Jan. 21, 1992; 201Do10985, Nov. 25, 2010).

Therefore, since only the prosecutor filed an appeal on the part of innocence, the part of assault and intrusion upon residence in the judgment of the court below becomes final and conclusive separately from the appeal period, and the scope of the judgment of this court is limited to the part of innocence which the prosecutor appealed among the judgment below.

2. The summary of the grounds for appeal (misunderstanding the facts and misapprehension of the legal principles as to the part not guilty) notwithstanding the civil dispute over the possession authority of the building in this case, the actual peace of the victim by the manager is to be protected under the Criminal Act. Thus, as long as the victim refuses access to the building in this case by the defendant in mutual conflict relation, the victim cannot be deemed to manage the building in this case directly or directly with the defendant, so long as the victim refuses access

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