All appeals filed by the defendant and prosecutor are dismissed.

1. After remanding the case, the lower court found the Defendant guilty of fraud, violation of the Medical Service Act, and violation of the Act on the Control of Narcotics, etc., among the facts charged against the Defendant, and sentenced the Defendant to forfeiture one year imprisonment and the seized evidence Nos. 1 to 13, and acquitted the Defendant of the injury caused by occupational negligence, which is the remainder of the facts charged.

Accordingly, the Defendant appealed from the judgment of the court below on the ground of unfair sentencing.

The prosecutor appealed the entire judgment of the court below, but only stated the grounds for appeal claiming mistake of facts and misapprehension of legal principles as to the acquittal portion of the judgment of the court below in the statement of grounds for appeal, and there is no entry of the grounds for appeal, such as unfair sentencing, in respect of the conviction portion, and the prosecutor made a statement claiming unfair sentencing as the grounds for appeal

Before remanding, the lower court rejected the Defendant’s assertion of unfair sentencing, mistake of facts, and misapprehension of the legal doctrine by the prosecutor, but accepted the Defendant’s assertion of unfair sentencing, and reversed the conviction portion of the lower judgment, and rendered a judgment of forfeiture from the Defendant on the charge of fraud, violation of the Medical Service Act, and violation of the Act on the Control of Narcotics, etc. (favour) among the facts charged against the Defendant, and dismissed the prosecutor’s appeal on the acquitted portion of the lower judgment.

The Defendant appealed on the conviction part of the judgment of the party before remanding the case on the ground of misapprehending the legal principles (it is erroneous for a prosecutor to have sentenced the judgment of the party before remanding the case to higher punishment than the judgment of the court below, even though he did not state the grounds of appeal on the grounds of appeal on unreasonable sentencing regarding the conviction portion). The prosecutor appealed on the acquittal portion of the judgment before remanding the case. The Supreme Court accepted the Defendant’s assertion and reversed the judgment of the party