All appeals are dismissed.

The grounds of appeal are examined.

1. Regarding the prosecutor's grounds for appeal

A. The lower court determined that the prosecutor’s appeal should be dismissed by a ruling under Articles 362(1) and 360 of the Criminal Procedure Act, on September 19, 2016, on the following grounds: (a) the prosecutor filed a petition of appeal with the Changwon District Court on September 19, 2016, which was seven days after the filing period for appeal against the first instance judgment (hereinafter “the first instance judgment, which was pronounced on September 8, 2016”), and that the prosecutor’s appeal should be dismissed by a ruling under Article 362(1) and 360 of the Criminal Procedure Act; or (b) the prosecutor’s appeal should be dismissed as long as the part of the first instance judgment against the Defendants is reversed.

In this regard, the main sentence of Article 66 (3) of the Criminal Procedure Act, which is a provision on the calculation of the period in the criminal procedure, shall not be counted in the period.

"The appeal period of this case is the last day of September 15, 2016, which is the last day of the time limit for appeal of this case, and the last day of September 16, 2016, which falls under each legal holiday as the day following the last day of September 17, 2016, and it falls under a legal holiday as Sundays on September 18, 2016.

Therefore, since all of the periods from September 15, 2016 to September 18, 2016 are not included in the period, the prosecutor's appeal filed on September 19, 2016, which is then filed on September 19, 2016, is lawful.

Nevertheless, the court below held that the prosecutor's appeal was filed after the right to appeal expires.

In light of the above, the court below erred by misapprehending the legal principles on the period for filing a lawsuit, and omitting judgment on the grounds of appeal by the prosecutor.

I would like to say.

B. In doing so, the appellate court ex officio examines the reasons not included in the reasons for appeal, and reverses the judgment of the first instance and makes a self-determination thereof, the appellant.