The judgment of the court below is reversed, and the case is remanded to the Changwon District Court Panel Division.

1. Prosecutor's grounds of appeal are examined.

According to the records, the defendant was charged with attempted larceny, intrusion upon residence, and violation of the Act on the Control of Narcotics, Etc., and the first instance court did not file an appeal against the charge of attempted larceny and intrusion upon residence (for eight months of imprisonment) and violation of the Act on the Control of Narcotics, Etc., and only the prosecutor filed an appeal against the acquittal portion. The court below accepted the prosecutor's appeal and found the defendant guilty of the violation of the Act on the Control of Narcotics, etc. (mariana) on February 10, 2012, and then reversed the first instance court's decision and sentenced the defendant to a punishment for one year.

However, if there are several orders for judgment, such as partial conviction and partial acquittal of a case prosecuted for concurrent crimes, the part included in the main text may be appealed separately from other parts, and both parties shall not appeal separately.

Therefore, in a case where only the prosecutor filed an appeal against the part of the judgment of the first instance, which rendered a judgment of innocence and partially guilty, on the part of the concurrent crimes, the part of the judgment of conviction which was not appealed by the defendant and the prosecutor, has become final and conclusive by the expiration of the appeal period, and the case pending in the appellate trial is prosecuted only on the part of the judgment of innocence.

(see, e.g., Supreme Court en banc Decision 91Do1402, Jan. 21, 1992; Supreme Court Decision 2010Do10985, Nov. 25, 2010). In the instant case, even inasmuch as the Defendant did not appeal the part of the judgment of the first instance regarding the attempted larceny and the crime of intrusion upon residence, which is the convicted part of the judgment, and the prosecutor appealed only with respect to the crime of violation of the Act on the Control of Narcotics, Etc. (mariana) which is the part not guilty, the guilty part becomes final and conclusive and the verdict of innocence

The lower court is the foregoing.