일반교통방해등
The judgment below
Part of acquittal shall be reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall be imposed on the defendant.
1. Where there exist several orders of the judgment, such as partial conviction and partial acquittal of the case prosecuted for concurrent crimes within the scope of the judgment of this court, the part included in one order may be separately appealed from other parts, and where both parties have not appealed from the judgment of the court of first instance, only the prosecutor has appealed from the acquittal of part of concurrent crimes. The part of the judgment of the court of first instance which acquitted the defendant and the prosecutor has not appealed from the acquittal has become final and conclusive as the period for appeal expires, and the part of the judgment of the court of appeal which was pending at the appellate court has become final and conclusive as the period for appeal. Accordingly, the part of the judgment of the court of first instance shall be reversed (see Supreme Court Decisions 91Do1402, Jan. 21, 1992; 2010Do10985, Nov. 25, 2010; 2010Do10985, Jun. 16, 2012).
Thus, the guilty part of the judgment of the court below in accordance with the legal principles as seen earlier is separated from the appeal period.
As such, the scope of this court's trial shall be limited to the acquittals appealed by the prosecutor.
2. According to the prosecutor’s grounds of appeal (misunderstanding of the facts or misapprehension of the legal doctrine), according to the evidence submitted by the prosecutor, it is different from the facts charged by the Defendant on June 16, 2012 regarding interference with ordinary traffic (hereinafter “this part of the facts charged”).