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The judgment below
The guilty part against Defendant B (including the acquittal part of the reasons) shall be reversed.
Defendant
B. Imprisonment.
Reasons
1. Of the facts charged against Defendant B, the first instance court acquitted Defendant B on the part of the charge that Defendant B disclosed business secrets to Defendant A through N.
The prosecutor only filed an appeal on the guilty part of the defendant B, which is related to the above not guilty part of the reason, for the reason that the sentencing was unfair, and did not file an appeal on the guilty part of the reason.
Therefore, according to the indivisible principle of appeal, the part of innocence on Defendant B’s ground is also remanded to the appellate court along with the part of conviction. However, since the part of innocence was already excluded from the object of attack and defense between the parties, it cannot be judged again by the court (see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010). Therefore, the conclusion of the judgment of the first instance as to the part of innocence as to the above ground is, and the appellate court does not decide separately.
2. Summary of grounds for appeal;
A. Prosecutor 1) consistently made a statement from N’s investigative agency to the court of first instance, the relationship between Defendant B and Defendant A, the content of Defendant A’s instructions on work with respect to H (hereinafter “instant task project”), and N’s business secrets from Defendant B solely without Defendant A’s instructions or approval.
In light of Defendant B’s initial police statements related to N’s statement, etc., Defendant A’s order to obtain a business plan (hereinafter “instant business plan”) of K Co., Ltd. (hereinafter “K”) on the tender of the instant task project through B through N, and subsequently, it can be sufficiently recognized that Defendant A obtained business secrets by delivering the USBmera in which the instant business plan file is stored from N.
Nevertheless, the first instance court is N.N.