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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.
except that this judgment.
Reasons
1. Progress of judgment and scope of judgment of this court;
A. The lower court determined that the Defendants were guilty of evading part of compulsory execution with respect to the construction price of Company E (hereinafter “E”)’s limited liability company F (hereinafter “F”), among the facts charged against the Defendants, and sentenced Defendant A to the suspension of execution for August, 200, the community service order 120 hours, and Defendant B to ten months, respectively, and acquitted Defendant B of the evasion part of compulsory execution with respect to the loan of false promissory note discount with respect to EF, which is one of the crimes of the violation of the check upon the above conviction (negative). (B) The lower court acquitted the Defendants of the part of the judgment of the lower judgment prior to the remand on the grounds that the prosecutor misjudgments the facts and principles of the lower judgment on the aforementioned guilty part on the grounds that the Defendants were erroneous and erroneous, but the judgment prior to the remand reversed the part of the lower judgment that was found guilty on the ground that the Defendants’ appeal against the aforementioned guilty part was accepted, and sentenced the Defendants not guilty.
(c)
The Supreme Court’s judgment of remand and the scope of trial per party before remanding the case. The Prosecutor appealed to the lower judgment prior to remanding the Defendants on the part of evading compulsory execution related to the loan of false promissory note discount among the charges charged. However, the Supreme Court did not err by misapprehending the legal doctrine, but did not err by misapprehending the legal doctrine in the judgment prior to remanding the part of evading compulsory execution related to the construction cost.
The judgment of the court is based on the relation between the evasion of compulsory execution related to construction cost and the evasion of compulsory execution related to the loan of promissory note discount, so the judgment of the court prior to remand was reversed and remanded to this court.
Therefore, according to the purport of the judgment of remand, the entire judgment of the court below is subject to this Court.
2. Summary of reasons for appeal;
A. The prosecutor (misunderstanding of the facts and misapprehension of the legal principles as to the acquittal portion of the reasons) issued a fair deed.