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The judgment below
Part of acquittal shall be reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall be imposed on the defendant.
Reasons
1. Where there exist several orders of the judgment, such as partial conviction and partial acquittal of the case prosecuted for concurrent crimes within the scope of the judgment of this court, the part included in one of the other parts may be appealed separately from the other parts, and the part not appealed by both parties becomes final and conclusive. Thus, where only the prosecutor appealeds the part of the judgment of the first instance which acquitted or acquitted the part of the concurrent crimes, the part of the judgment of conviction for which the defendant and the prosecutor did not appeal has not appealed is final and conclusive as the period for appeal expires, and the part of the judgment of acquittal for which the appellate court has not appealed is pending in the appellate court. Accordingly, if it is reversed by the appellate court, only the part of the judgment of innocence shall be reversed (see, e.g., Supreme Court Decisions 91Do1402, Jan. 21, 1992; 2010Do10985, Nov. 25, 2010). The court below rendered a judgment of innocence as to the part of the facts charged in this case, and convicted the remainder of the facts charged.
Accordingly, since only the prosecutor appealed the part of the judgment of the court below and does not appeal the part of the judgment of the court below, the part of the judgment of the court below is separated from the part of the judgment of the court below, the scope of the judgment of this court is limited to the part of
2. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the prosecutor can fully find the Defendant guilty of intrusion on residence among the facts charged in the instant case.
Nevertheless, the judgment of the court below which acquitted the Defendant of this part of the facts charged is erroneous.
3. Determination
A. The summary of this part of the facts charged is that the Defendant is a person who resides in the 315th floor of the 3rd floor of the 4th floor of Mapo-gu Seoul, and the 4th floor of the above 4th floor of the 4th floor of the 4th floor of the 4th floor of the 4th floor of the 4th floor of the 4th floor of the entrance.