The method of indicating the order where the judgment of the court of first instance that acquitted the primary charges is maintained and the court of first instance acquitted the primary charges added in the appellate trial is pronounced not guilty.

In a case where the verdict of innocence for the primary charge of fraud, which is the primary charge of the first instance trial, is pride and the appellate court rendered a verdict of innocence for the primary charge of breach of trust as there is no proof of a crime, if the judgment of the first instance court that acquitted the primary charge of the crime of breach of trust, which is the same as the above preliminary charge, is maintained, it is sufficient and there is no need to render a separate

Articles 254 and 364 of the Criminal Procedure Act

Defendant

Prosecutor

Busan District Court Decision 84No523 delivered on November 16, 1984

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

According to the reasoning of the judgment of the court below, the appellate court, determined that the first instance court's preliminary charges added to the appellate court's prior charges was justified and pride was made on the grounds that there is no evidence to acknowledge the crime of fraud, which is the primary charges, on the grounds that there is no evidence to prove it, and that the preliminary charges of this case constitutes a case where there is no evidence, and that the judgment of the court of first instance which acquitted the defendant on the primary charges (Fraud) which are the same as the above preliminary charges (Misappropriation) and that the decision not to separately pronounce the defendant on the disposition is lawful, and it is not erroneous in the misapprehension of the rules of evidence, such as the theory of lawsuit, and there

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Young-ju (Presiding Justice)