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The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed in entirety.
A defendant shall be punished by imprisonment with prison labor for not less than one year and four months.
Reasons
1. The progress of litigation and the scope of adjudication of party members;
A. The lower court determined that each of the facts charged against the Defendant was as follows.
1) The court below found the Defendant guilty of the violation of the law against the F, ② the violation of the law against some of the attorneys-at-law (the part receiving KRW 1,400,000,00 in total, such as recording and withdrawing equipment, etc. during the period from August 9, 2008 to August 20, 2008) and ③ the Defendant guilty of the violation of the law against the J, and sentenced the Defendant to imprisonment for eight months and additional collection KRW 20,200,000,000,000, and acquitted the Defendant of the violation of the law against the C, and ④ The Defendant was acquitted of the violation of the law against the other attorneys-at-law against the I (the part receiving the abandonment of the Internet, etc., on July 4, 2008). However, the Defendant was not acquitted in the disposition, as it is related to the above part as a single comprehensive crime.
2) 6) The lower court found the Defendant guilty of violation of the legal doctrine against L, and sentenced the Defendant to 8 months of imprisonment and additional collection KRW 13 million.
B. On the first instance judgment prior to remand, the Defendant appealed against the judgment of the lower court on the ground that there was a misunderstanding of facts or a misunderstanding of legal principles as to the guilty portion (the aforementioned ①, ②, ③ parts), and the Prosecutor appealed against the convicted portion (the above ④, ⑤ parts), on the ground of misunderstanding of facts, on the grounds of sentencing (the above ①, ②, and ③ parts).
2) On the second instance judgment, the Defendant appealed on the grounds of misunderstanding of facts, misunderstanding of legal principles, and infringement of the right to a fair trial, or infringement of the right to a trial for disclosure.
3) The appellate court prior to the remanding of the case, dismissed the prosecutor’s appeal, and reversed both the conviction portion (the above, 1, 2, and 3) and the judgment of the second instance (the above part) in the judgment of the court of first instance, and acquitted all the Defendant.
(c)
With respect to the judgment of the court of first instance prior to the remanding of the summary of the judgment of the case remanded, a public prosecutor shall conviction (the above ①, ② and ③) of the judgment of the court of first instance prior to the remanding.