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The judgment below
Among them, the part on the defendant (excluding the part on the charge of the criminal escape who was finally acquitted) shall be reversed.
Reasons
1. The progress of litigation and the scope of trial for the case;
A. A. The prosecutor prosecuted the Defendant as an attempted offender, a violation of the Game Industry Promotion Act, a violation of the Act on the Promotion of Game Industry, and a crime of embezzlement. The lower court acquitted the Defendant on the violation of the Game Industry Promotion Act in the case No. 2014 senior group886 and the embezzlement, and sentenced the Defendant to imprisonment for eight months, a suspended sentence of two years, a probation, a community service, and a confiscation.
B. The Defendant, on the grounds of mistake of facts and misapprehension of legal principles as to the guilty portion of the lower judgment, filed an appeal on the grounds of mistake of facts and misapprehension of legal principles as to the acquitted portion of the lower judgment, and of unfair sentencing
The prosecutor applied for changes in the indictment of embezzlement in exchange for the crime of breach of trust in the trial prior to the remand, and the trial prior to the remand was permitted to change the subject of the trial.
The judgment of the court prior to remand accepted the part of the defendant's appeal on the violation of the Act on the Promotion of Game Industry in the case of 2014 high-class 886 among the prosecutor's appeal and reversed the judgment of the court below. The charge of violation of the Act on the Promotion of respective Game Industry and the revised charges of violation of the Act on the Promotion of Criminal Industry is guilty, and the charge of the crime of breach of trust is not guilty, and the defendant was sentenced to imprisonment for
C. As to the judgment of the party prior to remand, the Defendant filed an appeal on the conviction part of the judgment prior to remand, and the prosecutor filed each appeal on the acquittal part of the judgment prior to remand.
The court of final appeal shall dismiss each of the prosecutor's arguments and the defendant's arguments on the violation of the respective Game Industry Promotion Act. However, it is erroneous in the misapprehension of legal principles as to the breach of trust in the judgment prior to remand, which affected the conclusion of judgment.