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The part of the judgment of the court below with the exception of the dismissal of public prosecution and the second judgment shall be reversed.
Defendant .
Reasons
1. Of the facts charged against the Defendant, the first instance court rendered a judgment dismissing the prosecution pursuant to Article 327 subparag. 5 of the Criminal Procedure Act on the ground that the victim had withdrawn the complaint against the Defendant after instituting the instant prosecution, and sentenced the Defendant guilty as to the remainder of the facts charged except this. The prosecutor only filed an appeal on the grounds of unfair sentencing. As such, the part dismissing the prosecution was separated and finalized as it is.
Therefore, the scope of the judgment of the court of first instance is limited to the conviction except the above dismissed dismissal part.
2. Summary of grounds for appeal;
A. The defendant asserts that the punishment of the second instance judgment (six months of imprisonment) is too unreasonable.
B. The prosecutor asserts that a fine of KRW 12 million in the judgment of the court of first instance (a fine of KRW 12 million) is too unhued and unreasonable.
3. In the judgment of the court of ex officio determination, the part excluding the dismissal of prosecution among the judgment of the court of first instance, and the appeal case against the judgment of the court of second instance against the judgment of the court of second instance were combined. Each of the above offenses in the judgment of the court of first instance is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act. As such, the part of the judgment of
4. The part of the judgment of the court below excluding the dismissal of public prosecution among the judgment of the court below 1 and the judgment of the court below 2 are reversed, and the judgment below excluding the dismissal of public prosecution among the judgment of the court below 1 pursuant to Article 364 (2) of the Criminal Procedure Act and the judgment of the court below excluding the dismissal of public prosecution among the judgment of the
[Discied Judgment] Criminal facts and summary of evidence recognized by the court and summary of the evidence are the facts of crime and summary of the evidence.