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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. In a case where there are several orders for the judgment, such as partial convictions and partial acquittals on the case prosecuted at the same time as concurrent crimes within the scope of trial in this Court, the part included in the one part may be appealed separately from other parts, and the part in which both parties have not appealed may be tried and finalized separately (see Supreme Court Decision 2010Do10985, Nov. 25, 2010). The lower court dismissed public prosecution against the Defendant as to the charge of violence and violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., and convicted the remainder of the charges.
Since both a prosecutor and a defendant have appealed only to the guilty portion, the prosecutor limited the scope of appeal to the convicted portion (section 98 of the record of trial), the defendant did not specify the scope of appeal, but appealed on the ground of unfair sentencing, and the defendant cannot appeal the judgment dismissing the public prosecution (Supreme Court Decision 82Do3076 delivered on December 13, 1983). It is reasonable to view that both a prosecutor and the defendant appealed only to the convicted portion among the judgment below.
The judgment below
Among the dismissed parts of the prosecution, it became final and conclusive as it is and excluded from the trial scope of this Court.
2. The summary of the grounds for appeal (unfair sentencing for each sentencing) of the lower court’s punishment is too hot or (4 months in prison) it is too hot.
3. We examine both the judgment and the prosecutor’s unfair claims for sentencing.
In the court below, the defendant agreed with the victim, the defendant and the victim living together, and the defendant did not find the victim again.
The circumstances such as this are recognized.
However, the defendant committed each of the crimes of this case during the period of suspension of execution due to violent crimes, and the contents of the crime also threatened a female victim with a deadly weapon, and thereafter, the defendant led the victim to complete arrest.