logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.09.14 2018노439
횡령등
Text

The judgment below

The acquittal portion shall be reversed.

The defendant shall be exempted from punishment.

Reasons

1. Where there are several orders of the judgment, such as partial conviction and partial acquittal of the case prosecuted at the same time as concurrent crimes within the scope of the judgment of this court, the part included in the one part may be separately appealed from other parts, and the part not appealed by both parties becomes final and conclusive. Thus, where only the prosecutor appealed the part not guilty as to the part of concurrent crimes, the part of the judgment of the first instance which acquitted or acquitted the part of the defendant and the prosecutor did not appeal is final and conclusive as the period for appeal expires, and the part of the judgment of the appellate court which was pending in the appellate court is final and conclusive as the period for appeal, and accordingly, the part of the judgment of the appellate court must be reversed (see, e.g., Supreme Court Decision 2010Do10985, Nov. 25, 2010). The court below found the defendant guilty of violation of the Electronic Financial Transactions Act among the facts charged in this case, and found the defendant not guilty of the remaining part of the judgment of the court below as to the crime and the part of the appeal which did not contain the grounds for appeal.

was made.

Therefore, since the defendant and the prosecutor did not appeal separately became final and conclusive, the scope of the judgment of this court is limited to the acquittal portion of the facts charged in this case by the prosecutor.

2. According to the evidence submitted by the prosecutor, the Defendant provided for fraud, such as Bosing, etc., according to the summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles).

arrow