The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than four months and by a fine not exceeding two million won.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of probation, two million won of fine, and one million won of collection) is too unreasonable. The sentence imposed by the lower court (for four months of imprisonment, two years of probation, two million won of fine, and one million won of collection).

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the Defendant’s respective crimes of this case (the crime of obstructing the exercise of rights by abuse of authority, the crime of accepting bribe) are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus concurrent crimes should be aggravated. However, the lower court committed an unlawful act of omission in the application of the statutes on the Defendant, and thus, the part of the lower judgment against the Defendant in its judgment cannot be maintained.

3. As such, the part of the judgment of the court below concerning the defendant is reversed, and the part concerning the defendant in the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and it is again decided as follows.

Criminal facts

The summary of the judgment of the court below as to the defendant is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions for criminal facts, Article 123 of the Criminal Act for the choice of punishment (the point of obstructing exercise of rights by abuse of authority), Article 129(1) of the Criminal Act (the point of acceptance of bribe) and the choice of imprisonment, respectively;

1. Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes concurrently with a fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under the latter part of Article 134 of the Criminal Act; and

1. Since the crime of accepting bribe for which the sentencing criteria are set and the crime of obstructing the exercise of rights without the sentencing criteria are concurrent crimes under the former part of Article 37 of the Criminal Act, the crime of accepting bribe for which the sentencing criteria are set.