logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.10.12 2018노1084
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. Where several orders of the judgment, such as partial conviction and partial acquittal of a case prosecuted at the same time as concurrent crimes within the scope of the judgment of this court, are subject to separate appeal from other parts. Since part of the concurrent crimes is not appealed by both parties, where only the prosecutor appealed the part of the judgment of the first instance which acquitted or acquitted the part of the concurrent crimes, the part of the judgment of conviction which was not appealed by the defendant and the prosecutor becomes final and conclusive as the period of appeal expires, and the part of the judgment of the appellate court which was pending in the appellate court is reversed accordingly, only the part of the judgment of the acquittal shall be reversed (see, e.g., Supreme Court Decisions 91Do1402, Nov. 25, 2010; 2010Do10985, Nov. 25, 2010; 2017Do13717, Nov. 27, 2017).

Therefore, the part of the acquittal of the Defendant as to the fraud under Paragraph 1 of the "2017 Highest 2173 Highest 2173" case was finalized by not appeal by both the Defendant and the prosecutor. Thus, the scope of the trial of this court is limited to the part concerning the fraud of Paragraph 2 in the "2017 Highest 217 Highest 217 Highest 2017 Highest 2017 Highest 2017 Highest 2017 Highest 3893 Highest 2017 Highest 3893).

2. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)

A. As to the fraud of Section 2 of the 2017 High Order No. 2173, supra, the lower court erred by misapprehending the legal doctrine.

arrow