일반교통방해등
The judgment of the court below is reversed.
Defendant
A 1,000,000 won, Defendant B 50,000 won, and Defendant C.
1. The Prosecutor’s Grounds for Appeal (the Defendant A: the fine of KRW 2,500,00, Defendant B, and C: each of the fines of KRW 1,500,000) is too unhued and unreasonable.
2. Determination:
A. The Defendants did not submit all the grounds for appeal to the Defendants within the lawful period for submission of the grounds for appeal, and each of the appeals filed by the Defendants does not contain the grounds for appeal. Therefore, the appeal shall be dismissed by decision pursuant to Article 361-4(1) of the Criminal Procedure Act. However, once a judgment is rendered on the grounds for ex officio judgment as follows, all of the appeals filed by the Defendants shall be dismissed by a judgment as
B. B. Before making a judgment on the grounds for appeal by the prosecutor ex officio, the lower court applied Articles 84 and 66(1) of the current State Public Officials Act to the Defendants’ violation of each of the instant State Public Officials Act, and the statutory penalty is stipulated as imprisonment for not more than one year or a fine not exceeding five million won.
However, Article 84 of the State Public Officials Act was amended by Act No. 10148 on March 22, 2010 and enforced on the same day, and there was no separate provision on the application of penal provisions to the Act prior to the enforcement of the Act. The Defendants’ crime of violation of each of the State Public Officials Act committed between June 2009 and July 2009, which was prior to the enforcement of the amended State Public Officials Act.
In addition, Article 84 of the former State Public Officials Act (amended by Act No. 10148, Mar. 22, 2010; hereinafter “former State Public Officials Act”), which is a provision punishing the Defendants for committing each of the offenses in violation of the State Public Officials Act at that time, provides that the statutory punishment of Article 84 of the former State Public Officials Act (amended by Act No. 10148, Mar. 22, 2010; hereinafter “former State Public Officials Act”) shall be punished by imprisonment for not more than one year or a fine not exceeding three million won, and the new law shall be imposed more than the former law.