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(영문) 수원지방법원 2016.08.12 2016노3511
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case charged as concurrent crimes, the lower court found the Defendant guilty as to the fraud listed in No. 1-5 No. 1-5 of the List of Crimes listed in the judgment below among the facts charged in the instant case charged as concurrent crimes, and, ex officio, deemed that

In light of the above, the defendant was sentenced to six months of imprisonment with prison labor, and each of the frauds listed in 6-13 in the list of the remaining crimes was pronounced not guilty in the text, and only the prosecutor filed an appeal against the acquittal portion, and the defendant did not appeal.

If there are several orders for the judgment, such as partial conviction and partial acquittal of a case prosecuted for concurrent crimes, the part included in one of the other parts may be appealed separately from other parts, and the part not appealed by both parties becomes separate and finalized. Thus, in a case where only the prosecutor appealed on the part of the judgment of the first instance which acquitted or acquitted the part of the case prosecuted for concurrent crimes, the part of the judgment of the court of first instance which acquitted or acquitted the part of the case prosecuted for which the defendant and the prosecutor did not appeal for the remaining period of appeal has expired, the part of the judgment of the judgment of the court of appeal which became final and conclusive and conclusive at the appellate court is only a prosecution against the part of the judgment of the acquittal (see, e.g., Supreme Court Decisions 91Do1402, Jan. 21, 1992; 2010Do10985, Nov. 25, 2010).

As such, the scope of this court's trial is limited to each acquittal of the prosecutor in the judgment below.

2. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, among the facts charged in this case, the defendant's intent to obtain deception as to the fraud of part 6-10 of the attached list of crimes listed in the judgment below among the facts charged in this case and the defendant's deception as to the fraud of part 11-13 of the attached list of crimes. This part of the charges in this case can be fully recognized.

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