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The judgment below
Part of acquittal shall be reversed.
The defendant shall be exempted from punishment.
Reasons
The lower court rendered a not-guilty verdict on aiding and abetting fraud among the facts charged in the instant case, and convicted the remainder of the facts charged.
In that sense, the part of the judgment of the court below against which only the prosecutor appealeds the part of the judgment of the court below, and the part of the judgment of the court below against which the prosecutor and the defendant did not appeal the part of the judgment of the court below is separate
Where there exist several orders for judgment, such as partial conviction and partial acquittal of a case prosecuted at the same time for concurrent crimes, the part included in the relevant one order may be appealed separately from other parts, and the part not appealed by both parties becomes final and conclusive. Thus, where only the prosecutor appealed on the part not guilty as to the part among concurrent crimes, the case in which the defendant and the prosecutor did not appeal has become final and conclusive as the period for appeal has expired, and is pending in the appellate court, and accordingly, the part not guilty shall be reversed (see, e.g., Supreme Court Decisions 91Do1402, Jan. 21, 1992; 2010Do10985, Nov. 25, 2010). In the summary of the grounds for appeal, the principal offender’s intention in aiding and abetting the offense is sufficient due to incomplete recognition or predictability, and the court below erred in the misapprehension of legal principles as to the facts charged in this case, despite the prosecutor’s submission of evidence, it is sufficient to find the Defendant guilty or not guilty.
Judgment
The summary of this part of the facts charged is that the Defendant is a North Korean deserting resident, and is located in the Dosan-dong of Busan which deals with insurance products of various companies (State).
The Commission is an insurance solicitor belonging to the insurance agency.
The defendant has a lot of allowances by raising his performance.