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The judgment below
Of them, the part of innocence against the defendant shall be reversed.
A defendant shall be punished by a fine of one million won.
Reasons
1. Where there exist several orders for the judgment, such as partial conviction, partial acquittal, etc. on the case prosecuted concurrently for concurrent crimes within the scope of the judgment of this court, the part included in the one part may be separately appealed from other parts, and the part not appealed by both parties becomes final and conclusive. Thus, where only the prosecutor appealed on the part of the judgment of the first instance which acquitted or convicted the part of the concurrent crimes, the case in which the defendant and the prosecutor did not appeal the part of the judgment of conviction became final and conclusive as the period for appeal has expired, and is pending in the appellate court, only the part of the judgment of innocence shall be reversed, and accordingly, the part of the judgment of the first instance which
(See Supreme Court en banc Decision 91Do1402 delivered on January 21, 1992, etc.). However, according to the records, the court below found the defendant not guilty of the embezzlement of the omission of possession among each of the facts charged in this case, and found the defendant guilty of all the remaining facts charged.
However, since only the prosecutor filed an appeal against the acquittal portion against the defendant, the conviction portion of the court below is determined by the court below, and the scope of the judgment of the court below is limited to the acquittal portion against the defendant who appealed by the prosecutor.
2. In light of the various circumstances indicated in the record as to the facts charged in the case No. 2019No. 3931 which the lower court acquitted the Defendant, the intent or intent of unlawful acquisition of the stolen property embezzlement may be recognized.
Nevertheless, the court below rendered a not-guilty verdict on this part of the facts charged on different premise, and there is an error of mistake of fact.
3. Determination on the grounds for appeal
A. The summary of the facts charged in this part of the charges is “P” located in Seongdong-gu Seoul Metropolitan Government O around August 10, 2019.