1. According to the records, it is revealed that only the prosecutor appealed the judgment of conviction of the first instance on the grounds of unfair sentencing and the Defendants did not appeal. In such a case, the Defendants may not appeal the judgment of the court below on the grounds of misapprehension of legal principles and incomplete deliberation, etc. However, the court of final appeal may decide ex officio on the grounds that the judgment of the court of final appeal is not included in the grounds of final appeal under Article 383 subparagraphs 1 through 3 of the Criminal Procedure Act. Thus, the grounds of final appeal claiming this point mean demanding ex officio action.

(2) The term “public official” as provided in Articles 129 through 132 of the Criminal Act means a public official under the State Public Officials Act and the Local Public Officials Act, and a person who is engaged in the affairs of the State or a local government or a public corporation equivalent thereto, and whose contents of labor are not limited to a simple mechanical or physical nature pursuant to statutes, except for those who are considered as public officials in the application of the above provisions under the State Public Officials Act and the Local Public Officials Act, and those who are engaged in the affairs of a public corporation equivalent thereto, and whose contents of labor are not limited to a simple mechanical or physical nature.

(1) Article 77 of the former Building Act (amended by Act No. 8974, Mar. 21, 2008; hereinafter “former Building Act”) provides that “A person who falls under any of the following subparagraphs and is not a public official shall be deemed a public official in applying Articles 129 through 132 of the Criminal Act and Articles 2 and 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes,” under subparagraph 1 of the same Article, “a person who acts as an agent in charge of on-site investigation, inspection, and confirmation under Article 23 of the same Act,” under subparagraph 2, “a construction advisor under Article 28 of the same Act,” and “a construction advisor under subparagraph 3 of the same Article,” and “a person who is an officer or employee of an accrediting institution under Article 58(2) of the same Act,” and “Article 58(4) of the same Act.”