The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. The lower court convicted the Defendant of both the violation of the Act on Special Measures concerning the Interference in the Execution of Fraudulent Means’s Official Duties, Violation of the Development Restriction Area’s Designation and Management, and the Defendant’s case prosecuted as a bribe offering charge, and sentenced the Defendant to one year’s imprisonment.

With respect to the case for which the defendant and the prosecutor appealed against the judgment of the court below, the judgment of the court below prior to the remanding the case was reversed, and the defendant was convicted of violating the Act on Special Measures for the Determination and Management of Development Restriction Areas and of giving a bribe, and sentenced the defendant to one year. The defendant was acquitted of the violation of the Act on Special Measures for the Determination and Management of Development Restriction Areas and the violation of the Act on Special Measures for the Determination and Management of Development Restriction Areas and the violation of the said Act, but the defendant was not

The defendant's appeal as to the guilty part of the judgment of the court prior to remand and the defendant's appeal as to the violation of the Special Measures Act on the Establishment and Management of Areas subject to Development Restriction was groundless. However, the judgment of the court prior to remand was reversed on the ground that the judgment of the court prior to remand ex officio reasons for reversal.

As such, regarding ① the obstruction of the execution of official duties in a deceptive scheme, which was judged not guilty, in the judgment of the court of final appeal prior to the remanding of the case, the portion of the judgment of final appeal shall also be brought to the court of final appeal based on an indivisible principle, but the prosecutor is not appealed from the object of attack defense between the parties because the prosecutor is not appealed from the object of attack defense, and thus, the court of final appeal cannot determine the acquittal portion. Accordingly, the court of final appeal after the case was remanded to the court of final appeal for the reason that the judgment of final appeal prior to the remanding of the case was erroneous by the court of final appeal cannot further be tried and sentenced to conviction (see Supreme Court Decision 90Do2820, Mar. 12, 191, etc.). ②