Where the original judgment is reversed and the fine is sentenced in the appellate court against the judgment of suspension of the first instance (only the defendant appeal).

Where only the accused has lodged an appeal against a judgment of suspension of sentence in the first instance, it shall be limited to the sentence of a fine (referring to a fine of 6,000) imposed by the second instance, which is more severe than that imposed by the judgment of the first instance.

Article 427 of the Martial Law Meeting Act

Defendant

Military prosecutor;

Seoul High Court Decision 66 High Military Port252 delivered on June 16, 1966

The guilty portion in the original judgment shall be reversed, and the case shall be remanded to the Army, High School, and Military Court.

The prosecutor's grounds of appeal are examined.

The first instance court rendered a judgment that the defendant shall be punished by imprisonment with prison labor for 8 months and suspended a sentence, and only the defendant appealed against this decision. The first instance court rendered a judgment that the first instance court convicted the defendant, among the facts that the first instance court found guilty, the first instance court acquitted the defendant on the ground that there is no proof of crime, the first instance court acquitted the defendant on the ground that the facts of the first instance prosecution are not proven, and the first instance court reversed the judgment, and the fine of 6,00 won shall be punished by a fine of 6,00 won, and when the defendant fails to pay a fine, the court held that the defendant is confined

However, in a case where only the defendant has lodged an appeal against the judgment of the first instance, the second instance court shall not be sentenced to more severe punishment than that of the judgment of the first instance pursuant to Article 427 of the Military Court Law, and in this case, the sentence of the judgment of the first instance shall be deemed to fall under the sentence of more severe punishment than that of the judgment of the court below as referred to in Article 427 of the Military Court Law Association Act (see Supreme Court Decision 65Do1261, Apr. 6, 196). Therefore, the conviction part among the judgment of the first instance shall not be reversed.

It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court Dog-gu (Presiding Judge) Dog-Jak and Mag-gu Mag-gu