The judgment below

The part of the judgment regarding the insult crime shall be reversed.

A defendant shall be punished by a fine of one million won.

1. Progression of litigation and scope of adjudication of this court;

A. Of the facts charged in the instant case, the lower court found the Defendant not guilty of violating the Control Act on Firearms, Swords, Explosives, etc., and found the remainder of the crime of obstructing the performance of official duties and insulting the Defendant guilty, and sentenced the Defendant to six months of imprisonment. The prosecutor, on the ground that the lower court erred by misapprehending the facts as to the acquitted portion and by misapprehending the legal doctrine, and making an appeal on the grounds that the

B. Prior to remand, the judgment of the court below reversed the insult of the facts charged in the instant case ex officio and acquitted the Defendant, and the offense of violation of the Control of Firearms, Swords, Explosives, etc. Act was accepted by the prosecutor’s appeal and sentenced to a suspended sentence for six months by deeming that the offense of violation of the Control of Firearms, Swords, Explosives, etc. Act was committed concurrently with the offense of interference with the performance of official duties under the former part

Therefore, the prosecutor appealed on the acquittal portion of the judgment of the court prior to remand on the ground of misapprehension of legal principles.

(c)

The Supreme Court reversed the part of the judgment of the court prior to remand on the ground that the judgment of the court prior to remand contains an error of law that affected the conclusion of the judgment by misunderstanding the meaning of insult and the legal principles as to the protection of legal interests and legal nature of insult.

(d)

Therefore, since the remaining part of the judgment of the court prior to remand, excluding the part of innocence against the defendant, is separated and finalized as the defendant did not appeal, the scope of trial after remand is limited to the insulting part of the facts charged in this case.

2. The gist of grounds for appeal (limited to cases within the scope of trial after remanding the case);

A. Defendant 1) The Defendant alleged mental disorder committed the offense of insult in this case under the influence of alcohol, which lacks mental and physical knowledge.

2) The sentence sentenced by the lower court is too unreasonable because of its unfair argument for sentencing.

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

3. Determination

A. We examine ex officio judgment prior to the judgment.