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The judgment of the first instance is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the defendant, even if he is not an attorney-at-law, shall proceed with a lawsuit, such as arranging a response, after consulting D with D as a matter of divorce on December 2007 and promising D to receive the price, and shall prepare three times a written answer on behalf of D in the divorce lawsuit No. 2007da71823, Jan. 22, 2008 to July 21, 2008, and in return, he received three million won on behalf of D, including three million won on February 20, 2008, five million won on March 9, 2008, and three million won on March 21, 2008, three million won on March 26, 2008, three million won on March 26, 2008, three million won on March 1, 2008, three million won on August 15, 2008, three million won on April 28, 2008.
2. Progression of litigation and scope of adjudication of this court; and
A. In a case where the appellate court prior to the remand found only a part of the comprehensive offense was found guilty, only the defendant appealed against the conviction but the prosecutor did not appeal against the acquittal portion, the portion of the acquittal portion is also subject to a final appeal based on the principle of no appeal, but the part is still subject to a de facto trial beyond the object of attack and defense between the parties, and thus, it cannot be determined by the court of final appeal. Accordingly, the appellate court which reversed and remanded the case on the ground that the appellate court was erroneous in the judgment of the appellate court on the conviction portion, cannot render a new trial and determination on the acquittal portion.
(See Supreme Court Decision 90Do2820 delivered on March 12, 1991, and Supreme Court Decision 2004Do5041 Delivered on October 28, 2004). (B)
As to the instant case, the health department and the first instance court found the Defendant guilty of all the facts charged, and sentenced the Defendant to a fine of KRW 3 million, and sentenced the Defendant to a penalty of KRW 1,422,00 from the Defendant. On the other hand, the first instance court prior to the remanding of the case, upon appeal by the Defendant.