The appeal is dismissed.

The grounds of appeal are examined.

The lower court affirmed the first instance judgment that acquitted the Defendant of the facts charged in the instant case on the ground that the prosecutor applied Article 39(2) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and Article 32(3)1, 7, and 38 of the Probation, etc. Act to the facts charged in the instant case, only the matters to be observed under Article 9-2(1)1 through 5 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders was imposed, and the matters to be observed under Article 32(3) of the Act on Probation, Etc. was not imposed.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court did not err by misapprehending the legal doctrine on the determination of the scope of prosecution.

In addition, the legitimacy of the lower court’s allegation in the grounds of appeal as to family and additional judgment does not affect the conclusion of the lower judgment.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.