The prosecutor's appeal is dismissed.

1. Progress of the case

A. Of the facts charged, the lower court found the Defendant guilty of violating the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), violation of the Road Traffic Act (Operation without License), embezzlement, and Electronic Financial Transactions Act, and not guilty of the part concerning the assault against the victim B and the part concerning the damage to property, and sentenced the Defendant to a suspended sentence of two years for a year.

B. Accordingly, the prosecutor appealed on the conviction portion on the ground of unreasonable sentencing on the ground of erroneous determination of facts as to the above “the part of assault against the victim B” and “the part of the destruction and damage of property.”

C. The judgment of the court prior to remanding the case did not accept the prosecutor’s assertion of mistake on the ground that “the original trial clearly erred in the judgment dismissing the credibility of the victim B’s statement.” Meanwhile, the prosecutor’s assertion of mistake on the ground that ex officio acquitted the part of embezzlement on the ground that “it is difficult to deem that the defendant was in the position of keeping the victims’ money.” The part of the judgment of the court below reversed the conviction and sentenced the Defendant for ten months.

Accordingly, the Defendant appealed on the ground of unfair sentencing, and the Prosecutor appealed on the above embezzlement part on the ground of misapprehension of the legal principle.

E. The Supreme Court did not accept the Defendant’s assertion of unreasonable sentencing as to the guilty portion of the judgment of the party prior to remand. Upon receiving the Prosecutor’s ground of appeal on the embezzlement part, the Supreme Court reversed the conviction part and the embezzlement part of the judgment prior to remand, on the ground that the embezzlement part is concurrent crimes with the remaining guilty part under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be imposed on the entire conviction part, and remanded to the court of the party

2. We examine the scope of the trial in this Court, and the acquittal portion of the judgment of the court below, after the prosecutor's appeal was dismissed at the appellate court, the prosecutor did not re-appeal.