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The prosecutor's appeal is dismissed.
Reasons
1. Scope of trial by this Court and summary of facts charged
A. In a case where there are several orders of the judgment, such as partial conviction and partial acquittal of the case prosecuted at the same time for concurrent crimes within the scope of the judgment of this court, the part included in one of the other parts may be appealed separately from other parts, and the part not appealed by both parties becomes final and conclusive. Thus, in a case where only the prosecutor appealeds the part not guilty against the part of the concurrent crimes, the part of the judgment of the first instance which found the defendant and the prosecutor guilty against the part not guilty is final and conclusive as the period for appeal expires, and the part of the judgment which did not appeal against the defendant has been pending in the appellate court is only a public prosecution against the part of the judgment of innocence. Accordingly, if it is reversed at the appellate court, the part of the judgment of the appellate court must be reversed (see, e.g., Supreme Court Decisions 91Do1402, Jan. 21, 1992; 2010Do10985, Nov. 25, 2010).
Therefore, since only the prosecutor filed an appeal against the acquittal portion, the scope of the trial of this court is limited to the acquittal portion of the judgment below.
B. An employer of the facts charged found not guilty of the lower court shall give notice of dismissal at least 30 days prior to the dismissal, and if he did not give such notice 30 days prior to the dismissal, he shall pay the ordinary wages for at least 30 days.
Nevertheless, Defendant C had been working from September 1, 2012 in the above case.
D) A person was dismissed on October 7, 2014 (the person who served until October 15, 2014) as two only and did not pay KRW 1,467,000 of the pre-employment allowance even though he was dismissed before 30 days.
2. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles as to the acquittal portion).