Text
The judgment below
The guilty part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The court below found the defendant not guilty on the part of violation of the Act on the Protection of Justice of 10 million won among each of the facts charged in this case, and found the defendant guilty on the part of violation of the Act on the Protection of Justice of 23 million won, the court below did not decide the defendant not guilty on the part of the judgment of the court below.
On the other hand, since only the defendant appealed on the ground of misunderstanding of the legal principles and misunderstanding of the sentencing, the part not guilty in the reasoning of the judgment of the court below which did not appeal both the defendant and the prosecutor should be judged in the trial together with the conviction in accordance with the principle of appeal. However, the part which was found not guilty in the judgment of the court below was excluded from the object of attack and defense
Therefore, the scope of this Court’s trial is limited to the remainder except for the part not guilty among the judgment below’s reasoning, and the part not guilty of the reasoning of the court below is not separately determined by the court below’s conclusion.
2. Summary of grounds for appeal;
A. The lower court found the Defendant guilty of this part of the facts charged, misunderstanding of the legal principles, and misunderstanding of the legal principles, even though it was not acquired in return for the handling of legal affairs against A, in the event of a problem in the water supply of individual taxi transport business licenses of the instant case, and did not have been acquired in return for the return to the victim.
B. The punishment sentenced by the lower court against the Defendant (one year and four months of imprisonment, additional collection 23 million won) is too unreasonable.
3. Judgment on the grounds for appeal
A. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the Defendant is treated by the investigative agency as stated in this part of the facts charged.