The judgment below

Among them, the part of damage to the public goods against the defendant shall be reversed.

The defendant shall be exempted from punishment.

Litigation Process and Scope of Judgment of this Court

A. 1) The lower court convicted the Defendant on the charge of the injury and damage to public goods among the facts charged in the instant case, and ordered two years of suspended execution and 120 hours of community service order to the Defendant for six months of imprisonment, and acquitted the Defendant on the charge of obstructing the performance of official duties among the facts charged in the instant case.

2) On the grounds of misunderstanding of facts and misapprehension of legal principles as to the part of the judgment of the court below’s acquittal, the prosecutor filed an appeal against the aforementioned guilty part on the grounds of misunderstanding of facts and misunderstanding of legal principles as to damage to public goods among the judgment below, and the Defendant filed an appeal on the grounds of misunderstanding of facts and misapprehension of legal principles

Before remanding, the first instance court affirmed the defendant's appeal and acquitted the defendant on the ground that it constitutes a justifiable act or excessive defense as to damage to public goods that were found guilty at the lower court's judgment, and sentenced the remainder of the conviction to a suspended sentence of two years for a period of six months, and dismissed the prosecutor's appeal on the part of the acquittal.

3) The prosecutor filed an appeal on the grounds that there was an error of misunderstanding the facts (including violation of the rules of evidence) and misunderstanding the legal principles as to the portion of innocence (damage to public goods) in the judgment of the court prior to remand. The Supreme Court reversed the above part and remanded it to this court on the ground that it erred by misapprehending the legal principles as to party defense or excessive defense, which affected the conclusion of the judgment, in the judgment prior to remand.

B. The guilty portion of the judgment of the court prior to the remanding of the scope of the trial by this court and the part dismissing the appeal by the prosecutor against the defendant (the obstruction of the performance of official duties) are separated and finalized as it is by the failure of both the defendant and the prosecutor to appeal. Thus, each of the above parts was excluded from the scope of the trial by the party (the Supreme Court).