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(영문) 창원지방법원 2018.09.05 2018노705
건조물침입등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In a case where there are several orders for the judgment, such as partial conviction, partial acquittal, etc., which is concurrently prosecuted for concurrent crimes within the scope of the judgment of this court, the part included in one of them may be separately appealed from other parts, and both parties shall be separately appealed. Thus, in a case where only the prosecutor appealed on the part of the concurrent crimes, the part of the judgment of the first instance which pronounced not guilty or partially guilty, and the part on which the defendant and the prosecutor did not appeal was not appealed, the part on which the judgment of the court of first instance became final and conclusive as the expiration of the appeal period, and the part on which the appellate court has not appealed is pending in the appellate trial. Accordingly, the part on which the verdict of

The lower court rendered a not guilty verdict on the larceny among the facts charged in the instant case against the Defendant, and convicted the remainder of the facts charged.

Since the prosecutor filed an appeal only for the part of the acquittal, and the part of the conviction became final and conclusive without appeal by both the defendant and the prosecutor, the scope of the judgment of this court is limited to the part of the acquittal.

2. The summary of the grounds for appeal (misunderstanding of facts) states to the effect that the Defendant intrudes into the second floor sale office of D building (hereinafter “instant office”) without permission from the victim and brings the original table table (hereinafter “original table”) owned by the victim, the victim did not completely change the arrangement of the household in the instant office, and the Defendant was deemed to own the original table table and the instant original table by admitting his own original table and the instant original table, not bringing about two original table in the instant office, and the victim may also distinguish the original table table and the Defendant’s original table.

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