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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that this shall not apply.
Reasons
1. In a new trial proceeding, the court cannot reverse the conviction by re-examination on the part of the facts constituting a crime for which there is no ground for retrial. However, in a final and conclusive judgment which found several concurrent crimes guilty, where it is recognized that there is a ground for request for retrial only for some of the facts constituting a crime among them, the decision to commence a new trial has to be made on the whole of the judgment. However, inasmuch as the effect of the decision to commence a new trial as to the facts constituting a crime for which there is no ground for retrial under the nature of the system of a new trial, which is an extraordinary remedy, is included in the scope of a trial formally, the court cannot reverse the conviction by re-examination on that part. However, since the new sentencing should be conducted on that part, only to the extent necessary for sentencing can be deliberated only because it is necessary for sentencing.
(1) As to the part of the crime of injury by a deadly weapon, etc. among the judgment subject to a retrial, a trial shall be conducted only to the extent necessary for sentencing, as to the part of the crime of violation of the Punishment of Violences, etc. Act (a crime of injury by a deadly weapon, etc.) without any grounds for retrial.
2. Summary of the grounds for appeal as to the part of the judgment subject to a retrial
A. Legal principles 1) A and his/her spouse, whose indictment is unlawful due to the expression of intention for inter-section closure, have no intention to continue the matrimonial relationship, and there was a cross-section agreement with the intention of divorce. As such, the instant complaint cannot be deemed a legitimate complaint against the crime of adultery, and thus the instant indictment constitutes a case where the procedure for filing a prosecution is null and void in violation of the provisions of law. (2) The prosecutorial examination of the Defendant against the violation of the rules of evidence or the admissibility of the confession (Article 310 of the Criminal Procedure Act) is the suspect's interrogation protocol against the Defendant