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Defendant
The remainder of the judgment of the court below against A, excluding the dismissal of prosecution, shall be reversed.
Defendant
A.
Reasons
1. Scope of the judgment of this court;
A. Of the facts charged against Defendant A, the lower court dismissed the prosecution against Defendant A regarding the crime of assault against the victim E, and rendered a judgment of not guilty on August 27, 2014 on the part where the said Defendant conspired with BF on the part where he inflicted an injury on N, and rendered a judgment of conviction and not guilty on the remainder of the facts charged.
However, as to the part of the judgment of the court below, the prosecutor appealed against the part of the judgment of the court below that found guilty and acquitted in the part of the judgment of the court below, and the part of the dismissal of the above dismissal and the part of the acquittal in the reasoning did not appeal both the defendant A and the prosecutor. ① Since the part of the judgment of the court below against the defendant A is separated and confirmed, the scope of the judgment of the court is limited to the remaining part except the part of the dismissal of the above dismissal. ② Meanwhile, in the case of the acquittal in the above reasons, although the judgment of the court was judged in accordance with the principle of no appeal payment, the part of the judgment of the court is already transferred to the court, but it is not possible for the court to decide the part of the judgment to escape from the object of the judgment (see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010).
B. Of the facts charged against Defendant B, the lower court rendered a judgment on July 24, 2014 that the part of the charges against Defendant B, which found the victim’s clothes accumulated at around 08:00 on July 24, 2014 and caused the above victim’s body injury at least ten times, acquitted the Defendant on the grounds that he was guilty of the remainder of the facts charged.
However, the defendant B and the prosecutor appealed against the guilty portion of the judgment of the court below, and both the defendant B and the prosecutor appealed against the guilty portion.