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The judgment below
Among the defendants A and F, each violation of the Door-to-Door Sales, etc. Act shall be reversed.
Reasons
1. The scope of the trial in this court's judgment against Defendant A and Defendant F Co., Ltd. (hereinafter "Defendant F Co., Ltd.") appealed against each part of the judgment of the court below against Defendant A and Defendant Co., Ltd., and the prosecutor appealeded against each of the acquittals against Defendant A and Defendant Co., Ltd. from among the judgment of the court below. The judgment prior to remand reversed each part of the violation of the Door-to-Door Sales, etc. Act against Defendant A and Defendant Co., Ltd. from among the judgment of the court below to find the Defendant guilty. The prosecutor's
Defendant
A and the Defendant Company appealed against the conviction of Defendant A and Defendant Company in the judgment of the first instance prior to remand. The Prosecutor’s appeal was dismissed. However, the Prosecutor’s appeal in the judgment prior to remand was erroneous by misapprehending the legal principles on the number of crimes and the legal principles on the specification of the facts charged. Thus, the part of the conviction in the judgment prior to remand was erroneous by misapprehending the legal principles on interpretation and application of Article 51(1)1 and Article 13(1) of the former Door-to-Door Sales, etc. Act on the part of the judgment prior to remand, on the grounds that there was an error of misapprehending the legal principles on interpretation and application of Article 51(1)1 and Article 13(1).
Therefore, the part rejected by the court of final appeal on the ground that the argument in the grounds of final appeal is groundless and conclusive at the same time with the rendering of the judgment, and the prosecutor cannot contest this part, and the court to which the case was remanded cannot make a decision contrary to this (see, e.g., Supreme Court Decision 2002Do6289, May 11, 2006). Thus, the subject of the judgment by the court of final appeal is limited to each of the violation of the Door-to-Door Sales Act
2. Grounds for appeal.