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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant was punished by the crime of assault against pastors D at the same time and place as the facts charged in the instant case, but the crime of assault against the public as the protected legal interest in the peace of religious life and evaluation of religion is committed, and therefore, the protected legal interest is different.
Therefore, the crime of violence and the crime of obstruction of worship shall be deemed to be in the relationship of substantive concurrent crimes rather than commercial concurrent crimes. Therefore, the res judicata of a final judgment on the crime of violence does not extend to the charges of this case corresponding to the crime of obstruction of worship.
Nevertheless, the lower court erred by misapprehending the legal doctrine on commercial concurrent crimes, which affected the conclusion of the judgment, as to the judgment of acquittal of the facts charged in this case.
2. In full view of the evidence duly adopted and examined, the lower court sentenced the Defendant to be acquitted on the ground that the final judgment (a fine of 300,000 won for the crime of assault) on the facts charged that “The Defendant assaulted D, on the ground that he went to the platform on the same date, at the same place as the facts charged in the instant case, he went to the platform to deliver a tugboat, she gets out of the floor by cutting off the body of the said D, and led D to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend,” on the grounds that res judicata effect on the instant facts charged.
Examining the judgment of the court below in a thorough manner with the records, it is proper that the court below rendered an acquittal on the facts charged in this case for the reasons stated in its holding, and there is no error of law by misunderstanding the legal principles on commercial concurrence as alleged in the grounds for appeal, which affected the conclusion of the judgment
Therefore, prosecutor's assertion is not accepted.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.