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All the judgment of the court below, excluding the dismissed part of the indictment, shall be reversed.
A fine of KRW 500,00 is imposed on a defendant.
Reasons
1. With respect to each check listed in the table Nos. 1 through 6, and 8 of the annexed Table 1, the court below rendered a judgment dismissing a public prosecution pursuant to Article 327 subparag. 6 of the Criminal Procedure Act on the grounds that the defendant recovered the check as to each check listed in the annexed Table No. 1, 3, 4, 5, and 6, and the court below convicted him/her of the remainder of the charges except this. Since only the defendant filed an appeal on the grounds of unreasonable sentencing, the part dismissing the public prosecution was separated and finalized as it is.
Therefore, the scope of this court's adjudication is limited to the guilty part of the defendant except the dismissal of prosecution among the judgment below.
2. The summary of the grounds for appeal asserts that the punishment (No. 1 and No. 2 of the judgment of the court below: KRW 500,000) of the guilty portion among the judgment of the court below is too unreasonable.
3. In the judgment of the court below ex officio, the appeal case concerning the part other than the dismissal of public prosecution among the judgment of the court below in the first and second judgments was combined. Each of the above judgments of the court below is a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. As such, the part of the judgment of the court below excluding the dismissal of public prosecution among the judgment of the court below 1
4. As such, since the part of the judgment of the court below excluding the dismissal of public prosecution among the judgment of the court below 1 and 2 excluding the dismissal of public prosecution, the part of the judgment of the court below excluding the dismissal of public prosecution among the judgment of the court below 1 and 2 under Article 364 (2) of the Criminal Procedure Act is reversed without
(2) Since it is clear that the deposit in the second 8th page of the judgment of the court below is erroneous, it shall be corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure (Article 25(1) of the Regulations on Criminal Procedure). The summary of the facts constituting a crime and evidence.