(영문) 서울고등법원 2016.07.01 2016노1192 | 리걸엔진

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(영문) 서울고등법원 2016.07.01 2016노1192

특정경제범죄가중처벌등에관한법률위반(배임)

Text

The judgment below

The part against the defendant shall be reversed.

Acquittal of the accused shall be acquitted.

Reasons

1. The judgment of the court below on the scope of the trial in this case found the Defendant guilty on part (297,741,370 won) of the attached list 1 to 5 and 7 among the charges, and found the Defendant not guilty on the grounds as to the remainder (102,258,60 won) of the attached list 7.

After both the defendant and the prosecutor appeal, the court held that the defendant and the prosecutor found the defendant guilty of the portion of the attached Form No. 1, 2, 3, 70 million won on August 31, 2004, and 4 (38 million won on September 3, 2004) of the attached Table No. 1, 5, and 8, among the facts charged, the defendant and the prosecutor acquitted the defendant not guilty of the reasons.

The Supreme Court found that both the defendant and the prosecutor found the defendant guilty of the grounds for appeal Nos. 1, 5, and 8 of the attached Table No. 1, and the prosecutor's appeal on the part related to the above part is groundless. However, as to the attached Forms No. 2 through 4 of the same Act which judged the defendant guilty prior to the remand, or there is an error of law by failing to exhaust all necessary deliberations on

In determining, the entire judgment of the court below was reversed on the ground that the part of conviction and the part of innocence are a single comprehensive crime.

The portion rejected by the court of final appeal on the ground that the assertion of the grounds for appeal is groundless shall have become final and conclusive at the same time as the ruling is rendered, and the defendant or prosecutor shall not contest against this part, and the court that has received the refund shall not make any judgment contrary thereto (see Supreme Court Decision 2006Do920, May 11, 2006, etc.). Thus, the attached sequence No. 1 of the same judgment that found the defendant not guilty of the grounds prior to the return, and No. 1 of the same Table No. 1 of the same judgment that found the defendant not guilty of the grounds prior to the return, and no judgment shall be made at the court

In the end, the scope of the court's adjudication is limited to the same attached Forms 2 through 4 among the convictions of the court of first instance.

2. Attached Table 1: (2), (3), and (4) of the charge.

참조판례

-대법원 2006. 5. 11. 선고 2006도920 판결

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