beta
Text
The judgment below
The guilty part against Defendant B (including the innocent part of the reasons) shall be reversed.
Defendant
A’s appeal, .
Reasons
1. The judgment of the court below on the guilty part against Defendant B (including the acquittal part of the reasons) shall be made ex officio.
A. In a case where several facts charged are found guilty and partly acquitted, or several facts charged are committed before and after a final judgment sentenced to imprisonment without prison labor or a heavier punishment, and thus, the latter part of Article 37 of the Criminal Act is rendered pursuant to Article 39(1) of the Criminal Act: Provided, That in a case where several orders of the judgment are rendered separately or not guilty, or the sentence is determined due to the determination of punishment, etc. under Article 39(1) of the Criminal Act, the part included in the relevant one order may be separately appealed from other parts. In this case, the part on which
Therefore, in a case where only the Defendant appealed the part of the judgment of the first instance, which was pronounced guilty of the facts charged prior to the final judgment and the facts charged after the final judgment, and only two punishments were appealed against the part of the judgment of conviction prior to the final judgment, the part of the judgment of conviction prior to the final judgment for which the Defendant and the Prosecutor did not appeal had become final and conclusive after the expiration of the appeal period, is limited to the part of the judgment prior to the final and conclusive judgment, and accordingly, the scope to be deliberated and determined by the appellate court is limited to the part of the judgment prior to the final and conclusive judgment (see, e.g., Supreme Court Decisions 2010Do14328, Jun. 20, 2013; 2015Do8232, Aug. 19, 2015).
1) Defendant B acquired KRW 10,000,000,000,000,000,000,000,000,000,000 in receipt of illegal solicitation on V’s accession around July 2012 in relation to Defendant A, Defendant C, W and public offering, as well as to Defendant C’s duties and duties.